Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "44 U.S.C. § 3502"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 44
title_name: "PUBLIC PRINTING AND DOCUMENTS"
chapter_number: "35"
chapter_name: "COORDINATION OF FEDERAL INFORMATION POLICY"
section: "3502"
citation: "44 U.S.C. § 3502"
status: "current"
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release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 44 U.S.C. § 3502 - Definitions
## Text
As used in this subchapter—
(1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include—
(A) the Government Accountability Office;
(B) Federal Election Commission;
(C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or
(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;
(2) the term “burden” means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for—
(A) reviewing instructions;
(B) acquiring, installing, and utilizing technology and systems;
(C) adjusting the existing ways to comply with any previously applicable instructions and requirements;
(D) searching data sources;
(E) completing and reviewing the collection of information; and
(F) transmitting, or otherwise disclosing the information;
(3) the term “collection of information”—
(A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either—
(i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or
(ii) answers to questions posed to agencies, instrumentalities, or employees of the United States which are to be used for general statistical purposes; and
(B) shall not include a collection of information described under section 3518(c)(1);
(4) the term “Director” means the Director of the Office of Management and Budget;
(5) the term “independent regulatory agency” means the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Energy Regulatory Commission, the Federal Housing Finance Agency, the Federal Maritime Commission, the Federal Trade Commission, the Interstate Commerce Commission, the Mine Enforcement Safety and Health Review Commission, the National Labor Relations Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Postal Regulatory Commission, the Securities and Exchange Commission, the Bureau of Consumer Financial Protection, the Office of Financial Research, Office of the Comptroller of the Currency, and any other similar agency designated by statute as a Federal independent regulatory agency or commission;
(6) the term “information resources” means information and related resources, such as personnel, equipment, funds, and information technology;
(7) the term “information resources management” means the process of managing information resources to accomplish agency missions and to improve agency performance, including through the reduction of information collection burdens on the public;
(8) the term “information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information;
(9) the term “information technology” has the meaning given that term in section 11101 of title 40 but does not include national security systems as defined in section 11103 of title 40;
(10) the term “person” means an individual, partnership, association, corporation, business trust, or legal representative, an organized group of individuals, a State, territorial, tribal, or local government or branch thereof, or a political subdivision of a State, territory, tribal, or local government or a branch of a political subdivision;
(11) the term “practical utility” means the ability of an agency to use information, particularly the capability to process such information in a timely and useful fashion;
(12) the term “public information” means any information, regardless of form or format, that an agency discloses, disseminates, or makes available to the public;
(13) the term “recordkeeping requirement” means a requirement imposed by or for an agency on persons to maintain specified records, including a requirement to—
(A) retain such records;
(B) notify third parties, the Federal Government, or the public of the existence of such records;
(C) disclose such records to third parties, the Federal Government, or the public; or
(D) report to third parties, the Federal Government, or the public regarding such records;
(14) the term “penalty” includes the imposition by an agency or court of a fine or other punishment; a judgment for monetary damages or equitable relief; or the revocation, suspension, reduction, or denial of a license, privilege, right, grant, or benefit;
(15) the term “comprehensive data inventory” means the inventory created under section 3511(a), but does not include any underlying data asset listed on the inventory;
(16) the term “data” means recorded information, regardless of form or the media on which the data is recorded;
(17) the term “data asset” means a collection of data elements or data sets that may be grouped together;
(18) the term “machine-readable”, when used with respect to data, means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost;
(19) the term “metadata” means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions;
(20) the term “open Government data asset” means a public data asset that is—
(A) machine-readable;
(B) available (or could be made available) in an open format;
(C) not encumbered by restrictions, other than intellectual property rights, including under titles 17 and 35, that would impede the use or reuse of such asset; and
(D) based on an underlying open standard that is maintained by a standards organization;
(21) the term “open license” means a legal guarantee that a data asset is made available—
(A) at no cost to the public; and
(B) with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting such asset;
(22) the term “public data asset” means a data asset, or part thereof, maintained by the Federal Government that has been, or may be, released to the public, including any data asset, or part thereof, subject to disclosure under section 552 of title 5; and
(23) the term “statistical laws” means subchapter III of this chapter and other laws pertaining to the protection of information collected for statistical purposes as designated by the Director.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 164; amended Pub. L. 104106, div. E, title LVI, § 5605(a), Feb. 10, 1996, 110 Stat. 700; Pub. L. 10585, div. A, title X, § 1073(h)(5)(A), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275; Pub. L. 107217, § 3(l)(4), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109435, title VI, § 604(e), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 110289, div. A, title II, § 1216(e), July 30, 2008, 122 Stat. 2792; Pub. L. 111203, title III, § 315, title X, § 1100D(a), July 21, 2010, 124 Stat. 1524, 2111; Pub. L. 115435, title II, § 202(a), Jan. 14, 2019, 132 Stat. 5534.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3502, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2813; amended Pub. L. 98443, § 9(h), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99500, § 101(m) [title VIII, § 812], Oct. 18, 1986, 100 Stat. 1783308, 1783335, and Pub. L. 99591, § 101(m) [title VIII, § 812], Oct. 30, 1986, 100 Stat. 3341308, 3341335; Pub. L. 10173, title VII, § 744(e), Aug. 9, 1989, 103 Stat. 438, defined terms used in this chapter prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3502, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1302; Pub. L. 93153, title IV, § 409(a), Nov. 16, 1973, 87 Stat. 593, defined “Federal agency”, “person”, and “information”, prior to the general amendment of this chapter by Pub. L. 96511.
Amendments2019—Pars. (15) to (23). Pub. L. 115435 added pars. (15) to (23). 2010—Par. (5). Pub. L. 111203, § 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. 111203, § 315, inserted “Office of the Comptroller of the Currency,” after “the Securities and Exchange Commission,”. 2008—Par. (5). Pub. L. 110289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”. 2006—Par. (5). Pub. L. 109435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2004—Par. (1)(A). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”. 2002—Par. (9). Pub. L. 107217 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. 106398 substituted “subchapter” for “chapter” in introductory provisions. 1997—Par. (9). Pub. L. 10585 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. 104106 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));”.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 AmendmentAmendment by Pub. L. 115435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as a note under section 306 of Title 5, Government Organization and Employees.
Effective Date of 2010 AmendmentAmendment by section 315 of Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. Amendment by section 1100D(a) of Pub. L. 111203 effective on the designated transfer date, see section 1100H of Pub. L. 111203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104106, Feb. 10, 1996, 110 Stat. 702.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
Abolition of Interstate Commerce Commission and Transfer of Functions Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 10488, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 10488, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 10488, set out as a note under section 1301 of Title 49.
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# 44 U.S.C. § 3503 - Office of Information and Regulatory Affairs
## Text
(a) There is established in the Office of Management and Budget an office to be known as the Office of Information and Regulatory Affairs.
(b) There shall be at the head of the Office an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall delegate to the Administrator the authority to administer all functions under this subchapter, except that any such delegation shall not relieve the Director of responsibility for the administration of such functions. The Administrator shall serve as principal adviser to the Director on Federal information resources management policy.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 166; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3503, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2814; amended Pub. L. 99500, § 101(m) [title VIII, § 813(a)], Oct. 18, 1986, 100 Stat. 1783308, 1783336, and Pub. L. 99591, § 101(m) [title VIII, § 813(a)], Oct. 30, 1986, 100 Stat. 3341308, 3341336, related to the establishment of the Office of Information and Regulatory Affairs prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3503, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1303, prescribed duties of Director of Bureau of the Budget, prior to the general amendment of this chapter by Pub. L. 96511. See section 3504 of this title.
Amendments2000—Subsec. (b). Pub. L. 106398 substituted “subchapter” for “chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
Delegation of Other Functions to Administrator Pub. L. 96511, § 3, Dec. 11, 1980, 94 Stat. 2825, as amended by Pub. L. 97258, § 5(b), Sept. 13, 1982, 96 Stat. 1083; Pub. L. 99500, § 101(m) [title VIII, § 821(b)(3)], Oct. 18, 1986, 100 Stat. 1783308, 1783342, and Pub. L. 99591, § 101(m) [title VIII, § 821(b)(3)], Oct. 30, 1986, 100 Stat. 3341308, 3341342, provided: “[(a) Repealed] “(b) The Director of the Office of Management and Budget shall delegate to the Administrator for the Office of Information and Regulatory Affairs all functions, authority, and responsibility of the Director under section 552a of title 5, United States Code, under Executive Order 12046 [Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 14193, set out as a note under section 305 of Title 47, Telecommunications] and Reorganization Plan No. 1 for telecommunications [probably means Reorg. Plan No. 1 of 1970, 35 F.R. 6421, 84 Stat. 2083, set out in the Appendix to Title 5, Government Organization and Employees], and under sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 ([former 40 U.S.C. 322 and former] 40 U.S.C. 759).” [Section 101(m) [title VIII, § 833] of Pub. L. 99500 and Pub. L. 99591 provided that: “This title and the amendments made by this title [amending former sections 3501 to 3507, 3511, 3514, and 3520 of this title and sections 751, 757, and 759 of former Title 40, Public Buildings, Property, and Works, enacting provisions set out as a notes under section 101 of this title and former section 3503 of this title, amending provisions set out as a note above, and repealing provisions set out as a note under section 759 of former Title 40] shall take effect on the date of enactment of this Act [Oct. 18, 1986], except as provided in section 813(b) [set out as a note under former section 3503 of this title] and except that the provisions of section 821 and the amendments made by such section [amending former sections 3503 and 3504 of this title, sections 757 and 759 of former Title 40, and provisions set out as a note above] shall take effect on January 1, 1987.” ]
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# 44 U.S.C. § 3505 - Assignment of tasks and deadlines
## Text
(a) In carrying out the functions under this subchapter, the Director shall—
(1) in consultation with agency heads, set an annual Governmentwide goal for the reduction of information collection burdens by at least 10 percent during each of fiscal years 1996 and 1997 and 5 percent during each of fiscal years 1998, 1999, 2000, and 2001, and set annual agency goals to—
(A) reduce information collection burdens imposed on the public that—
(i) represent the maximum practicable opportunity in each agency; and
(ii) are consistent with improving agency management of the process for the review of collections of information established under section 3506(c); and
(B) improve information resources management in ways that increase the productivity, efficiency and effectiveness of Federal programs, including service delivery to the public;
(2) with selected agencies and non-Federal entities on a voluntary basis, conduct pilot projects to test alternative policies, practices, regulations, and procedures to fulfill the purposes of this subchapter, particularly with regard to minimizing the Federal information collection burden; and
(3) in consultation with the Administrator of General Services, the Director of the National Institute of Standards and Technology, the Archivist of the United States, and the Director of the Office of Personnel Management, develop and maintain a Governmentwide strategic plan for information resources management, that shall include—
(A) a description of the objectives and the means by which the Federal Government shall apply information resources to improve agency and program performance;
(B) plans for—
(i) reducing information burdens on the public, including reducing such burdens through the elimination of duplication and meeting shared data needs with shared resources;
(ii) enhancing public access to and dissemination of, information, using electronic and other formats; and
(iii) meeting the information technology needs of the Federal Government in accordance with the purposes of this subchapter; and
(C) a description of progress in applying information resources management to improve agency performance and the accomplishment of missions.
(b) For purposes of any pilot project conducted under subsection (a)(2), the Director may, after consultation with the agency head, waive the application of any administrative directive issued by an agency with which the project is conducted, including any directive requiring a collection of information, after giving timely notice to the public and the Congress regarding the need for such waiver.
(c) 11 So in original. Two subsecs. (c) have been enacted. Inventory of Major Information Systems.— (1) The head of each agency shall develop and maintain an inventory of major information systems (including major national security systems) operated by or under the control of such agency.
(2) The identification of information systems in an inventory under this subsection shall include an identification of the interfaces between each such system and all other systems or networks, including those not operated by or under the control of the agency.
(3) Such inventory shall be—
(A) updated at least annually;
(B) made available to the Comptroller General; and
(C) used to support information resources management, including—
(i) preparation and maintenance of the inventory of information resources under section 3506(b)(4);
(ii) information technology planning, budgeting, acquisition, and management under section 3506(h), subtitle III of title 40, and related laws and guidance;
(iii) monitoring, testing, and evaluation of information security controls under subchapter II;
(iv) preparation of the index of major information systems required under section 552(g) of title 5, United States Code; and
(v) preparation of information system inventories required for records management under chapters 21, 29, 31, and 33.
(4) The Director shall issue guidance for and oversee the implementation of the requirements of this subsection.
(c) 1 Inventory of Information Systems.— (1) The head of each agency shall develop and maintain an inventory of the information systems (including national security systems) operated by or under the control of such agency;
(2) The identification of information systems in an inventory under this subsection shall include an identification of the interfaces between each such system and all other systems or networks, including those not operated by or under the control of the agency;
(3) Such inventory shall be—
(A) updated at least annually;
(B) made available to the Comptroller General; and
(C) used to support information resources management, including—
(i) preparation and maintenance of the inventory of information resources under section 3506(b)(4);
(ii) information technology planning, budgeting, acquisition, and management under section 3506(h), subtitle III of title 40, and related laws and guidance;
(iii) monitoring, testing, and evaluation of information security controls under subchapter II;
(iv) preparation of the index of major information systems required under section 552(g) of title 5, United States Code; and
(v) preparation of information system inventories required for records management under chapters 21, 29, 31, and 33.
(4) The Director shall issue guidance for and oversee the implementation of the requirements of this subsection.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 170; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275; Pub. L. 107296, title X, § 1005(c)(2), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107347, title III, § 305(c)(2), Dec. 17, 2002, 116 Stat. 2961.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3505, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2818; amended Pub. L. 99500, § 101(m) [title VIII, § 815], Oct. 18, 1986, 100 Stat. 1783308, 1783337, and Pub. L. 99591, § 101(m) [title VIII, § 815], Oct. 30, 1986, 100 Stat. 3341308, 3341337, related to assignment of tasks and deadlines prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3505, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1303, prohibited independent collection by an agency, prior to the general amendment of this chapter by Pub. L. 96511. See section 3509 of this title.
Amendments2002—Subsec. (c). Pub. L. 107347, added subsec. (c) relating to inventory of major information systems. Pub. L. 107296 added subsec. (c) relating to inventory of information systems. 2000—Subsec. (a). Pub. L. 106398 substituted “subchapter” for “chapter” in introductory provisions and pars. (2) and (3)(B)(iii).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective Dec. 17, 2002, see section 402(b) of Pub. L. 107347, set out as a note under section 3504 of this title. Amendment by Pub. L. 107296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3507 - Public information collection activities; submission to Director; approval and delegation
## Text
(a) An agency shall not conduct or sponsor the collection of information unless in advance of the adoption or revision of the collection of information—
(1) the agency has—
(A) conducted the review established under section 3506(c)(1);
(B) evaluated the public comments received under section 3506(c)(2);
(C) submitted to the Director the certification required under section 3506(c)(3), the proposed collection of information, copies of pertinent statutory authority, regulations, and other related materials as the Director may specify; and
(D) published a notice in the Federal Register—
(i) stating that the agency has made such submission; and
(ii) setting forth—
(I) a title for the collection of information;
(II) a summary of the collection of information;
(III) a brief description of the need for the information and the proposed use of the information;
(IV) a description of the likely respondents and proposed frequency of response to the collection of information;
(V) an estimate of the burden that shall result from the collection of information; and
(VI) notice that comments may be submitted to the agency and Director;
(2) the Director has approved the proposed collection of information or approval has been inferred, under the provisions of this section; and
(3) the agency has obtained from the Director a control number to be displayed upon the collection of information.
(b) The Director shall provide at least 30 days for public comment prior to making a decision under subsection (c), (d), or (h), except as provided under subsection (j).
(c) (1) For any proposed collection of information not contained in a proposed rule, the Director shall notify the agency involved of the decision to approve or disapprove the proposed collection of information.
(2) The Director shall provide the notification under paragraph (1), within 60 days after receipt or publication of the notice under subsection (a)(1)(D), whichever is later.
(3) If the Director does not notify the agency of a denial or approval within the 60-day period described under paragraph (2)—
(A) the approval may be inferred;
(B) a control number shall be assigned without further delay; and
(C) the agency may collect the information for not more than 1 year.
(d) (1) For any proposed collection of information contained in a proposed rule—
(A) as soon as practicable, but no later than the date of publication of a notice of proposed rulemaking in the Federal Register, each agency shall forward to the Director a copy of any proposed rule which contains a collection of information and any information requested by the Director necessary to make the determination required under this subsection; and
(B) within 60 days after the notice of proposed rulemaking is published in the Federal Register, the Director may file public comments pursuant to the standards set forth in section 3508 on the collection of information contained in the proposed rule;
(2) When a final rule is published in the Federal Register, the agency shall explain—
(A) how any collection of information contained in the final rule responds to the comments, if any, filed by the Director or the public; or
(B) the reasons such comments were rejected.
(3) If the Director has received notice and failed to comment on an agency rule within 60 days after the notice of proposed rulemaking, the Director may not disapprove any collection of information specifically contained in an agency rule.
(4) No provision in this section shall be construed to prevent the Director, in the Directors discretion—
(A) from disapproving any collection of information which was not specifically required by an agency rule;
(B) from disapproving any collection of information contained in an agency rule, if the agency failed to comply with the requirements of paragraph (1) of this subsection;
(C) from disapproving any collection of information contained in a final agency rule, if the Director finds within 60 days after the publication of the final rule that the agencys response to the Directors comments filed under paragraph (2) of this subsection was unreasonable; or
(D) from disapproving any collection of information contained in a final rule, if—
(i) the Director determines that the agency has substantially modified in the final rule the collection of information contained in the proposed rule; and
(ii) the agency has not given the Director the information required under paragraph (1) with respect to the modified collection of information, at least 60 days before the issuance of the final rule.
(5) This subsection shall apply only when an agency publishes a notice of proposed rulemaking and requests public comments.
(6) The decision by the Director to approve or not act upon a collection of information contained in an agency rule shall not be subject to judicial review.
(e) (1) Any decision by the Director under subsection (c), (d), (h), or (j) to disapprove a collection of information, or to instruct the agency to make substantive or material change to a collection of information, shall be publicly available and include an explanation of the reasons for such decision.
(2) Any written communication between the Administrator of the Office of Information and Regulatory Affairs, or any employee of the Office of Information and Regulatory Affairs, and an agency or person not employed by the Federal Government concerning a proposed collection of information shall be made available to the public.
(3) This subsection shall not require the disclosure of—
(A) any information which is protected at all times by procedures established for information which has been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept secret in the interest of national defense or foreign policy; or
(B) any communication relating to a collection of information which is not approved under this subchapter, the disclosure of which could lead to retaliation or discrimination against the communicator.
(f) (1) An independent regulatory agency which is administered by 2 or more members of a commission, board, or similar body, may by majority vote void—
(A) any disapproval by the Director, in whole or in part, of a proposed collection of information of that agency; or
(B) an exercise of authority under subsection (d) of section 3507 concerning that agency.
(2) The agency shall certify each vote to void such disapproval or exercise to the Director, and explain the reasons for such vote. The Director shall without further delay assign a control number to such collection of information, and such vote to void the disapproval or exercise shall be valid for a period of 3 years.
(g) The Director may not approve a collection of information for a period in excess of 3 years.
(h) (1) If an agency decides to seek extension of the Directors approval granted for a currently approved collection of information, the agency shall—
(A) conduct the review established under section 3506(c), including the seeking of comment from the public on the continued need for, and burden imposed by the collection of information; and
(B) after having made a reasonable effort to seek public comment, but no later than 60 days before the expiration date of the control number assigned by the Director for the currently approved collection of information, submit the collection of information for review and approval under this section, which shall include an explanation of how the agency has used the information that it has collected.
(2) If under the provisions of this section, the Director disapproves a collection of information contained in an existing rule, or recommends or instructs the agency to make a substantive or material change to a collection of information contained in an existing rule, the Director shall—
(A) publish an explanation thereof in the Federal Register; and
(B) instruct the agency to undertake a rulemaking within a reasonable time limited to consideration of changes to the collection of information contained in the rule and thereafter to submit the collection of information for approval or disapproval under this subchapter.
(3) An agency may not make a substantive or material modification to a collection of information after such collection has been approved by the Director, unless the modification has been submitted to the Director for review and approval under this subchapter.
(i) (1) If the Director finds that a senior official of an agency designated under section 3506(a) is sufficiently independent of program responsibility to evaluate fairly whether proposed collections of information should be approved and has sufficient resources to carry out this responsibility effectively, the Director may, by rule in accordance with the notice and comment provisions of chapter 5 of title 5, United States Code, delegate to such official the authority to approve proposed collections of information in specific program areas, for specific purposes, or for all agency purposes.
(2) A delegation by the Director under this section shall not preclude the Director from reviewing individual collections of information if the Director determines that circumstances warrant such a review. The Director shall retain authority to revoke such delegations, both in general and with regard to any specific matter. In acting for the Director, any official to whom approval authority has been delegated under this section shall comply fully with the rules and regulations promulgated by the Director.
(j) (1) The agency head may request the Director to authorize a collection of information, if an agency head determines that—
(A) a collection of information—
(i) is needed prior to the expiration of time periods established under this subchapter; and
(ii) is essential to the mission of the agency; and
(B) the agency cannot reasonably comply with the provisions of this subchapter because—
(i) public harm is reasonably likely to result if normal clearance procedures are followed;
(ii) an unanticipated event has occurred; or
(iii) the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information or is reasonably likely to cause a statutory or court ordered deadline to be missed.
(2) The Director shall approve or disapprove any such authorization request within the time requested by the agency head and, if approved, shall assign the collection of information a control number. Any collection of information conducted under this subsection may be conducted without compliance with the provisions of this subchapter for a maximum of 180 days after the date on which the Director received the request to authorize such collection.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 176; amended Pub. L. 104106, div. E, title LVI, § 5605(d), Feb. 10, 1996, 110 Stat. 700; Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3507, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2819; amended Pub. L. 99500, § 101(m) [title VIII, § 817], Oct. 18, 1986, 100 Stat. 1783308, 1783338, and Pub. L. 99591, § 101(m) [title VIII, § 817], Oct. 30, 1986, 100 Stat. 3341308, 3341338, related to submission to Director of public information collection request for an approval or delegation to a senior official of an agency prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3507, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1304, provided for cooperation of agencies in making information available, prior to the general amendment of this chapter by Pub. L. 96511. See section 3510(a) of this title.
Amendments2000—Subsecs. (e)(3)(B), (h), (j). Pub. L. 106398 substituted “subchapter” for “chapter” wherever appearing. 1996—Subsec. (j)(2). Pub. L. 104106 substituted “180 days” for “90 days”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104106, Feb. 10, 1996, 110 Stat. 702.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3508 - Determination of necessity for information; hearing
## Text
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.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 179.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3508, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2821, related to determination of whether collection of information is necessary for proper performance of functions of agency prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3508, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1304, related to unlawful disclosure of information, penalties, and release of information to other agencies, prior to the general amendment of this chapter by Pub. L. 96511. See section 3510(b) of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3509 - Designation of central collection agency
## Text
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.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 180; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3509, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2821, related to designation of central collection agency prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3509, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1304, related to plans or forms for collecting information, submission to Director, and his approval, prior to the general amendment of this chapter by Pub. L. 96511.
Amendments2000—Pub. L. 106398 substituted “subchapter” for “chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3510 - Cooperation of agencies in making information available
## Text
(a) The Director may direct an agency to make available to another agency, or an agency may make available to another agency, information obtained by a collection of information if the disclosure is not inconsistent with applicable law.
(b) (1) If information obtained by an agency is released by that agency to another agency, all the provisions of law (including penalties) that relate to the unlawful disclosure of information apply to the officers and employees of the agency to which information is released to the same extent and in the same manner as the provisions apply to the officers and employees of the agency which originally obtained the information.
(2) The officers and employees of the agency to which the information is released, in addition, shall be subject to the same provisions of law, including penalties, relating to the unlawful disclosure of information as if the information had been collected directly by that agency.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 180.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3510, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2822, related to cooperation of agencies in making information available prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3510, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1305, authorized promulgation of rules and regulations, prior to the general amendment of this chapter by Pub. L. 96511. See section 3516 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3511 - Data inventory and Federal data catalogue
## Text
(a) Comprehensive Data Inventory.— (1) In general.— In consultation with the Director and in accordance with the guidance established under paragraph (2), the head of each agency shall, to the maximum extent practicable, develop and maintain a comprehensive data inventory that accounts for all data assets created by, collected by, under the control or direction of, or maintained by the agency. The head of each agency shall ensure that such inventory provides a clear and comprehensive understanding of the data assets in the possession of the agency.
(2) Guidance.— The Director shall establish guidance for agencies to develop and maintain comprehensive data inventories under paragraph (1). Such guidance shall include the following:
(A) A requirement for the head of an agency to include in the comprehensive data inventory metadata on each data asset of the agency, including, to the maximum extent practicable, the following:
(i) A description of the data asset, including all variable names and definitions.
(ii) The name or title of the data asset.
(iii) An indication of whether or not the agency—
(I) has determined or can determine if the data asset is—
(aa) an open Government data asset;
(bb) subject to disclosure or partial disclosure or exempt from disclosure under section 552 of title 5;
(cc) a public data asset eligible for disclosure under subsection (b); or
(dd) a data asset not subject to open format or open license requirements due to existing limitations or restrictions on government distribution of the asset; or
(II) as of the date of such indication, has not made such determination.
(iv) Any determination made under section 3582, if available.
(v) A description of the method by which the public may access or request access to the data asset.
(vi) The date on which the data asset was most recently updated.
(vii) Each agency responsible for maintaining the data asset.
(viii) The owner of the data asset.
(ix) To the extent practicable, any restriction on the use of the data asset.
(x) The location of the data asset.
(xi) Any other metadata necessary to make the comprehensive data inventory useful to the agency and the public, or otherwise determined useful by the Director.
(B) A requirement for the head of an agency to exclude from the comprehensive data inventory any data asset contained on a national security system, as defined in section 11103 of title 40.
(C) Criteria for the head of an agency to use in determining which metadata required by subparagraph (A), if any, in the comprehensive data inventory may not be made publicly available, which shall include, at a minimum, a requirement to ensure all information that could not otherwise be withheld from disclosure under section 552 of title 5 is made public in the comprehensive data inventory.
(D) A requirement for the head of each agency, in accordance with a procedure established by the Director, to submit for inclusion in the Federal data catalogue maintained under subsection (c) the comprehensive data inventory developed pursuant to subparagraph (C), including any real-time updates to such inventory, and data assets made available in accordance with subparagraph (E) or any electronic hyperlink providing access to such data assets.
(E) Criteria for the head of an agency to use in determining whether a particular data asset should not be made publicly available in a manner that takes into account—
(i) risks and restrictions related to the disclosure of personally identifiable information, including the risk that an individual data asset in isolation does not pose a privacy or confidentiality risk but when combined with other available information may pose such a risk;
(ii) security considerations, including the risk that information in an individual data asset in isolation does not pose a security risk but when combined with other available information may pose such a risk;
(iii) the cost and benefits to the public of converting the data into a format that could be understood and used by the public;
(iv) whether the public dissemination of the data asset could result in legal liability;
(v) whether the data asset—
(I) is subject to intellectual property rights, including rights under titles 17 and 35;
(II) contains confidential business information, that could be withheld under section 552(b)(4) of title 5; or
(III) is restricted by contract or other binding, written agreement;
(vi) whether the holder of a right to such data asset has been consulted;
(vii) the expectation that all data assets that would otherwise be made available under section 552 of title 5 be disclosed; and
(viii) any other considerations that the Director determines to be relevant.
(F) Criteria for the head of an agency to use in assessing the indication of a determination under subparagraph (A)(iii) and how to prioritize any such subsequent determinations in the strategic information management plan under section 3506, in consideration of the existing resources available to the agency.
(3) Regular updates required.— With respect to each data asset created or identified by an agency, the head of the agency shall update the comprehensive data inventory of the agency not later than 90 days after the date of such creation or identification.
(b) Public Data Assets.— The head of each agency shall submit public data assets, or links to public data assets available online, as open Government data assets for inclusion in the Federal data catalogue maintained under subsection (c), in accordance with the guidance established under subsection (a)(2).
(c) Federal Data Catalogue.— (1) In general.— The Administrator of General Services shall maintain a single public interface online as a point of entry dedicated to sharing agency data assets with the public, which shall be known as the “Federal data catalogue”. The Administrator and the Director shall ensure that agencies can submit public data assets, or links to public data assets, for publication and public availability on the interface.
(2) Repository.— The Director shall collaborate with the Office of Government Information Services and the Administrator of General Services to develop and maintain an online repository of tools, best practices, and schema standards to facilitate the adoption of open data practices across the Federal Government, which shall—
(A) include any definitions, regulations, policies, checklists, and case studies related to open data policy;
(B) facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices; and
(C) be made available on the Federal data catalogue maintained under paragraph (1).
(3) Access to other data assets.— The Director shall ensure the Federal data catalogue maintained under paragraph (1) provides information on how the public can access a data asset included in a comprehensive data inventory under subsection (a) that is not yet available on the Federal data catalogue, including information regarding the application process established under section 3583 of title 44.
(d) Delegation.— The Director shall delegate to the Administrator of the Office of Information and Regulatory Affairs and the Administrator of the Office of Electronic Government the authority to jointly issue guidance required under this section.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 180; amended Pub. L. 113235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115435, title II, § 202(d)(1), Jan. 14, 2019, 132 Stat. 5538.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3511, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2822; amended Pub. L. 99500, § 101(m) [title VIII, § 818], Oct. 18, 1986, 100 Stat. 1783308, 1783339, and Pub. L. 99591, § 101(m) [title VIII, § 818], Oct. 30, 1986, 100 Stat. 3341308, 3341339, related to establishment and operation of a Federal Information Locator System prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3511, Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1305, provided for penalty for failure to furnish information, prior to the general amendment of this chapter by Pub. L. 96511.
Amendments2019—Pub. L. 115435 amended section generally. Prior to amendment, section related to establishment and operation of Government Information Locator Service. 2014—Subsec. (a)(3). Pub. L. 113235 substituted “Director of the Government Publishing Office” for “Public Printer”.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 AmendmentAmendment by Pub. L. 115435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as a note under section 306 of Title 5, Government Organization and Employees.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3512 - Public protection
## Text
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to this subchapter if—
(1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or
(2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number.
(b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 181; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3512, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2822, related to protection of persons failing to maintain or provide information if information collection request did not display current control number prior to the general amendment of this chapter by Pub. L. 10413. Another prior section 3512, added Pub. L. 93153, title IV, § 409(b), Nov. 16, 1973, 87 Stat. 593, related to information for independent regulatory agencies, prior to the general amendment of this chapter by Pub. L. 96511.
Amendments2000—Subsec. (a). Pub. L. 106398 substituted “subchapter” for “chapter” in introductory provisions and par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3513 - Director review of agency activities; reporting; agency response
## Text
(a) In consultation with the Administrator of General Services, the Archivist of the United States, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management, the Director shall periodically review selected agency information resources management activities to ascertain the efficiency and effectiveness of such activities to improve agency performance and the accomplishment of agency missions.
(b) Each agency having an activity reviewed under subsection (a) shall, within 60 days after receipt of a report on the review, provide a written plan to the Director describing steps (including milestones) to—
(1) be taken to address information resources management problems identified in the report; and
(2) improve agency performance and the accomplishment of agency missions.
(c) Comparable Treatment.— Notwithstanding any other provision of law, the Director shall treat or review a rule or order prescribed or proposed by the Director of the Bureau of Consumer Financial Protection on the same terms and conditions as apply to any rule or order prescribed or proposed by the Board of Governors of the Federal Reserve System.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 181; amended Pub. L. 111203, title X, § 1100D(b), July 21, 2010, 124 Stat. 2111.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3513, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2822; amended Pub. L. 98497, title I, § 107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to periodic review of agency activities by Director and report of review and agency response to it prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2010—Subsec. (c). Pub. L. 111203 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the designated transfer date, see section 1100H of Pub. L. 111203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3514 - Responsiveness to Congress
## Text
(a) (1) The Director shall—
(A) keep the Congress and congressional committees fully and currently informed of the major activities under this subchapter; and
(B) submit a report on such activities to the President of the Senate and the Speaker of the House of Representatives annually and at such other times as the Director determines necessary.
(2) The Director shall include in any such report a description of the extent to which agencies have—
(A) reduced information collection burdens on the public, including—
(i) a summary of accomplishments and planned initiatives to reduce collection of information burdens;
(ii) a list of all violations of this subchapter and of any rules, guidelines, policies, and procedures issued pursuant to this subchapter;
(iii) a list of any increase in the collection of information burden, including the authority for each such collection; and
(iv) a list of agencies that in the preceding year did not reduce information collection burdens in accordance with section 3505(a)(1), a list of the programs and statutory responsibilities of those agencies that precluded that reduction, and recommendations to assist those agencies to reduce information collection burdens in accordance with that section;
(B) improved the quality and utility of statistical information;
(C) improved public access to Government information; and
(D) improved program performance and the accomplishment of agency missions through information resources management.
(b) The preparation of any report required by this section shall be based on performance results reported by the agencies and shall not increase the collection of information burden on persons outside the Federal Government.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 181; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3514, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2823, and Pub. L. 99500, § 101(m) [title VIII, § 819], Oct. 18, 1986, 100 Stat. 1783308, 1783339, and Pub. L. 99591, § 101(m) [title VIII, § 819], Oct. 30, 1986, 100 Stat. 3341308, 3341339, related to requirement that Director keep Congress fully informed prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2000—Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106398 substituted “subchapter” for “chapter” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which the 8th item on page 41 identifies an annual reporting requirement which, as subsequently amended, is contained in subsec. (a) of this section), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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# 44 U.S.C. § 3515 - Administrative powers
## Text
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.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3515, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to availability of agency services, personnel, and facilities prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2000—Pub. L. 106398 substituted “subchapter” for “chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3516 - Rules and regulations
## Text
The Director shall promulgate rules, regulations, or procedures necessary to exercise the authority provided by this subchapter.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3516, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to rules and regulations prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2000—Pub. L. 106398 substituted “subchapter” for “chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
Policy and Procedural GuidelinesPub. L. 106554, § 1(a)(3) [title V, § 515], Dec. 21, 2000, 114 Stat. 2763, 2763A153, provided that: “(a) In General.—The Director of the Office of Management and Budget shall, by not later than September 30, 2001, and with public and Federal agency involvement, issue guidelines under sections 3504(d)(1) and 3516 of title 44, United States Code, that provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies in fulfillment of the purposes and provisions of chapter 35 of title 44, United States Code, commonly referred to as the Paperwork Reduction Act. “(b) Content of Guidelines.—The guidelines under subsection (a) shall—“(1) apply to the sharing by Federal agencies of, and access to, information disseminated by Federal agencies; and “(2) require that each Federal agency to which the guidelines apply—“(A) issue guidelines ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by the agency, by not later than 1 year after the date of issuance of the guidelines under subsection (a); “(B) establish administrative mechanisms allowing affected persons to seek and obtain correction of information maintained and disseminated by the agency that does not comply with the guidelines issued under subsection (a); and “(C) report periodically to the Director—“(i) the number and nature of complaints received by the agency regarding the accuracy of information disseminated by the agency; and “(ii) how such complaints were handled by the agency.”
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# 44 U.S.C. § 3517 - Consultation with other agencies and the public
## Text
(a) In developing information resources management policies, plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide interested agencies and persons early and meaningful opportunity to comment.
(b) Any person may request the Director to review any collection of information conducted by or for an agency to determine, if, under this subchapter, a person shall maintain, provide, or disclose the information to or for the agency. Unless the request is frivolous, the Director shall, in coordination with the agency responsible for the collection of information—
(1) respond to the request within 60 days after receiving the request, unless such period is extended by the Director to a specified date and the person making the request is given notice of such extension; and
(2) take appropriate remedial action, if necessary.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3517, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to consultation with other agencies and the public prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2000—Subsec. (b). Pub. L. 106398 substituted “subchapter” for “chapter” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3518 - Effect on existing laws and regulations
## Text
(a) Except as otherwise provided in this subchapter, the authority of an agency under any other law to prescribe policies, rules, regulations, and procedures for Federal information resources management activities is subject to the authority of the Director under this subchapter.
(b) Nothing in this subchapter shall be deemed to affect or reduce the authority of the Secretary of Commerce or the Director of the Office of Management and Budget pursuant to Reorganization Plan No. 1 of 1977 (as amended) and Executive order, relating to telecommunications and information policy, procurement and management of telecommunications and information systems, spectrum use, and related matters.
(c) (1) Except as provided in paragraph (2), this subchapter shall not apply to the collection of information—
(A) during the conduct of a Federal criminal investigation or prosecution, or during the disposition of a particular criminal matter;
(B) during the conduct of—
(i) a civil action to which the United States or any official or agency thereof is a party; or
(ii) an administrative action or investigation involving an agency against specific individuals or entities;
(C) by compulsory process pursuant to the Antitrust Civil Process Act and section 13 of the Federal Trade Commission Improvements Act of 1980; or
(D) during the conduct of intelligence activities as defined in section 3.4(e) of Executive Order No. 12333, issued December 4, 1981, or successor orders, or during the conduct of cryptologic activities that are communications security activities.
(2) This subchapter applies to the collection of information during the conduct of general investigations (other than information collected in an antitrust investigation to the extent provided in subparagraph (C) of paragraph (1)) undertaken with reference to a category of individuals or entities such as a class of licensees or an entire industry.
(d) Nothing in this subchapter shall be interpreted as increasing or decreasing the authority conferred by sections 11331 and 11332 11 See References in Text note below. of title 40 on the Secretary of Commerce or the Director of the Office of Management and Budget.
(e) Nothing in this subchapter shall be interpreted as increasing or decreasing the authority of the President, the Office of Management and Budget or the Director thereof, under the laws of the United States, with respect to the substantive policies and programs of departments, agencies and offices, including the substantive authority of any Federal agency to enforce the civil rights laws.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 183; amended Pub. L. 104106, div. E, title LI, § 5131(e)(2), Feb. 10, 1996, 110 Stat. 688; Pub. L. 10585, div. A, title X, § 1073(h)(5)(C), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275; Pub. L. 107217, § 3(l)(7), Aug. 21, 2002, 116 Stat. 1302.)
## Notes
Editorial Notes
References in TextReorganization 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, Mar. 27, 1978, 43 F.R. 13349, which is set out as a note under section 305 of Title 47, Telecommunications. The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), is Pub. L. 87664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. Section 13 of the Federal Trade Commission Improvements Act of 1980, referred to in subsec. (c)(1)(C), is classified to section 57b1 of Title 15. Executive Order No. 12333, referred to in subsec. (c)(1)(D), is Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note under section 3001 of Title 50, War and National Defense. Section 11332 of title 40, referred to in subsec. (d), was repealed by Pub. L. 107296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960.
Prior ProvisionsA prior section 3518, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to the effect on existing laws and regulations prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2002—Subsec. (d). Pub. L. 107217 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. 106398 substituted “subchapter” for “chapter” wherever appearing. 1997—Subsec. (d). Pub. L. 10585 substituted “Clinger-Cohen Act of 1996 (40 U.S.C. 1441)” for “Information Technology Management Reform Act of 1996”. 1996—Subsec. (d). Pub. L. 104106 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 89306 on the Administrator of the General Services Administration, the Secretary of Commerce, or”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104106, Feb. 10, 1996, 110 Stat. 702.
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3519 - Access to information
## Text
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.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 183.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3519, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 97258, § 3(m)(3), Sept. 13, 1982, 96 Stat. 1066, related to access to information prior to the general amendment of this chapter by Pub. L. 10413.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3520 - Chief Data Officers
## Text
(a) Establishment.— The head of each agency shall designate a nonpolitical appointee employee in the agency as the Chief Data Officer of the agency.
(b) Qualifications.— The Chief Data Officer of an agency shall be designated on the basis of demonstrated training and experience in data management, governance (including creation, application, and maintenance of data standards), collection, analysis, protection, use, and dissemination, including with respect to any statistical and related techniques to protect and de-identify confidential data.
(c) Functions.— The Chief Data Officer of an agency shall—
(1) be responsible for lifecycle data management;
(2) coordinate with any official in the agency responsible for using, protecting, disseminating, and generating data to ensure that the data needs of the agency are met;
(3) manage data assets of the agency, including the standardization of data format, sharing of data assets, and publication of data assets in accordance with applicable law;
(4) in carrying out the requirements under paragraphs (3) and (5), consult with any statistical official of the agency (as designated under section 314 of title 5);
(5) carry out the requirements of the agency under subsections (b) through (d), (f), and (i) of section 3506, section 3507, and section 3511;
(6) ensure that, to the extent practicable, agency data conforms with data management best practices;
(7) engage agency employees, the public, and contractors in using public data assets and encourage collaborative approaches on improving data use;
(8) support the Performance Improvement Officer of the agency in identifying and using data to carry out the functions described in section 1124(a)(2) of title 31;
(9) support the Evaluation Officer of the agency in obtaining data to carry out the functions described in section 313(d) of title 5;
(10) review the impact of the infrastructure of the agency on data asset accessibility and coordinate with the Chief Information Officer of the agency to improve such infrastructure to reduce barriers that inhibit data asset accessibility;
(11) ensure that, to the extent practicable, the agency maximizes the use of data in the agency, including for the production of evidence (as defined in section 3561), cybersecurity, and the improvement of agency operations;
(12) identify points of contact for roles and responsibilities related to open data use and implementation (as required by the Director);
(13) serve as the agency liaison to other agencies and the Office of Management and Budget on the best way to use existing agency data for statistical purposes (as defined in section 3561); and
(14) comply with any regulation and guidance issued under subchapter III, including the acquisition and maintenance of any required certification and training.
(d) Delegation of Responsibilities.— (1) In general.— To the extent necessary to comply with statistical laws, the Chief Data Officer of an agency shall delegate any responsibility under subsection (c) to the head of a statistical agency or unit (as defined in section 3561) within the agency.
(2) Consultation.— To the extent permissible under law, the individual to whom a responsibility has been delegated under paragraph (1) shall consult with the Chief Data Officer of the agency in carrying out such responsibility.
(3) Deference.— The Chief Data Officer of the agency shall defer to the individual to whom a responsibility has been delegated under paragraph (1) regarding the necessary delegation of such responsibility with respect to any data acquired, maintained, or disseminated by the agency under applicable statistical law.
(e) Reports.— The Chief Data Officer of an agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report on the compliance of the agency with the requirements of this subchapter, including information on each requirement that the agency could not carry out and, if applicable, what the agency needs to carry out such requirement.
(Added Pub. L. 107198, § 3(a)(2), June 28, 2002, 116 Stat. 730; amended Pub. L. 115435, title II, § 202(e)(1), Jan. 14, 2019, 132 Stat. 5541.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3520 was renumbered section 3521 of this title. Another prior section 3520, added Pub. L. 96511, § 2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 99500, § 101(m) [title VIII, § 820], Oct. 18, 1986, 100 Stat. 1783308, 1783340, and Pub. L. 99591, § 101(m) [title VIII, § 820], Oct. 30, 1986, 100 Stat. 3341308, 3341340, related to authorization of appropriations prior to the general amendment of this chapter by Pub. L. 10413.
Amendments2019—Pub. L. 115435 amended section generally. Prior to amendment, section related to establishment of task force on information collection and dissemination.
Statutory Notes and Related Subsidiaries
Change of Name 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, Jan. 9, 2019. 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, Jan. 9, 2023.
Effective Date of 2019 AmendmentAmendment by Pub. L. 115435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as a note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3520A - Chief Data Officer Council
## Text
(a) Establishment.— There is established in the Office of Management and Budget a Chief Data Officer Council (in this section referred to as the “Council”).
(b) Purpose and Functions.— The Council shall—
(1) establish Governmentwide best practices for the use, protection, dissemination, and generation of data;
(2) promote and encourage data sharing agreements between agencies;
(3) identify ways in which agencies can improve upon the production of evidence for use in policymaking;
(4) consult with the public and engage with private users of Government data and other stakeholders on how to improve access to data assets of the Federal Government; and
(5) identify and evaluate new technology solutions for improving the collection and use of data.
(c) Membership.— (1) In general.— The Chief Data Officer of each agency shall serve as a member of the Council.
(2) Chair.— The Director shall select the Chair of the Council from among the members of the Council.
(3) Additional members.— The Administrator of the Office of Electronic Government shall serve as a member of the Council.
(4) Ex officio member.— The Director shall appoint a representative for all Chief Information Officers and Evaluation Officers, and such representative shall serve as an ex officio member of the Council.
(d) Reports.— The Council shall submit to the Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a biennial report on the work of the Council.
(e) Evaluation and Termination.— (1) GAO evaluation of council.— Not later than 4 years after date 11 So in original. Probably should be preceded by “the”. of the enactment of this section, the Comptroller General shall submit to Congress a report on whether the additional duties of the Council improved the use of evidence and program evaluation in the Federal Government.
(2) Termination of council.— The Council shall terminate and this section shall be repealed upon the expiration of the 2-year period that begins on the date the Comptroller General submits the report under paragraph (1) to Congress.
(Added Pub. L. 115435, title II, § 202(f)(1), Jan. 14, 2019, 132 Stat. 5542.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 115435, which was approved Jan. 14, 2019.
Statutory Notes and Related Subsidiaries
Change of Name 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, Jan. 9, 2019. 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, Jan. 9, 2023.
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3521 - Authorization of appropriations
## Text
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.
(Added Pub. L. 10413, § 2, May 22, 1995, 109 Stat. 184, § 3520; amended Pub. L. 106398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A275; renumbered § 3521, Pub. L. 107198, § 3(a)(1), June 28, 2002, 116 Stat. 730.)
## Notes
Editorial Notes
Amendments2002—Pub. L. 107198 renumbered section 3520 of this title as this section. 2000—Pub. L. 106398 substituted “subchapter” for “chapter”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Pub. L. 106398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective DateSection effective May 22, 1995, see section 4 of Pub. L. 10413, set out as a note under section 3501 of this title.
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# 44 U.S.C. § 3531 to 3549 - Repealed. Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3073]
## Notes
Sections 3531 to 3538 comprised subchapter II of this chapter “INFORMATION SECURITY”.
Section 3531, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2259, set forth purposes of subchapter II. See section 3551 of this title.
A prior section 3531, added Pub. L. 106398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A266, set forth purposes of subchapter II prior to the general amendment of subchapter II by Pub. L. 107296.
Section 3532, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2260, related to definitions applicable to subchapter II. See section 3552 of this title.
A prior section 3532, added Pub. L. 106398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A266, related to definitions applicable to subchapter II prior to the general amendment of subchapter II by Pub. L. 107296.
Section 3533, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2261, set forth authority and functions of the Director. See section 3553 of this title.
A prior section 3533, added Pub. L. 106398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A266, set forth authority and functions of the Director prior to the general amendment of subchapter II by Pub. L. 107296.
Section 3534, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2262, related to Federal agency responsibilities. See section 3554 of this title.
A prior section 3534, added Pub. L. 106398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A268, related to Federal agency responsibilities prior to the general amendment of subchapter II by Pub. L. 107296.
Section 3535, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2265; amended Pub. L. 108177, title III, § 377(e), Dec. 13, 2003, 117 Stat. 2631, related to annual independent evaluation. See section 3555 of this title.
A prior section 3535, added Pub. L. 106398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A271, related to annual independent evaluation prior to the general amendment of subchapter II by Pub. L. 107296.
Section 3536, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2266, described responsibilities for the head of each agency operating or exercising control of a national security system. See section 3557 of this title.
A prior section 3536, added Pub. L. 106398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A272; amended Pub. L. 107314, div. A, title X, § 1052(a), Dec. 2, 2002, 116 Stat. 2648, set forth expiration date of subchapter II prior to the general amendment of subchapter II by Pub. L. 107296.
Section 3537, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2267, authorized appropriations for fiscal years 2003 through 2007.
Section 3538, added Pub. L. 107296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2267, related to effect on existing law. See section 3558 of this title.
Sections 3541 to 3549 comprised subchapter III of this chapter “INFORMATION SECURITY”.
Section 3541, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2946, set forth purposes of subchapter III. See section 3551 of this title.
Section 3542, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2947, related to definitions applicable to subchapter III. See section 3552 of this title.
Section 3543, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2947, set forth authority and functions of the Director. See section 3553 of this title.
Section 3544, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2949, related to Federal agency responsibilities. See section 3554 of this title.
Section 3545, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2952; amended Pub. L. 108177, title III, § 377(e), Dec. 13, 2003, 117 Stat. 2631, related to annual independent evaluation. See section 3555 of this title.
Section 3546, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2954, related to Federal information security incident center. See section 3556 of this title.
Section 3547, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2954, described responsibilities for the head of each agency operating or exercising control of a national security system. See section 3557 of this title.
Section 3548, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2954, authorized appropriations for fiscal years 2003 through 2007.
Section 3549, added Pub. L. 107347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2955, related to effect on existing law and provided that subchapter II was not to apply while subchapter III was in effect. See section 3558 of this title.
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# 44 U.S.C. § 3552 - Definitions
## Text
(a) In General.— Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter.
(b) Additional Definitions.— As used in this subchapter:
(1) The term “binding operational directive” means a compulsory direction to an agency that—
(A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk;
(B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and
(C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in accordance with policies and principles developed by the Director.
(2) The term “incident” means an occurrence that—
(A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or
(B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.
(3) The term “information security” means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide—
(A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity;
(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and
(C) availability, which means ensuring timely and reliable access to and use of information.
(4) The term “information technology” has the meaning given that term in section 11101 of title 40.
(5) The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(6) (A) The term “national security system” means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(i) the function, operation, or use of which—
(I) involves intelligence activities;
(II) involves cryptologic activities related to national security;
(III) involves command and control of military forces;
(IV) involves equipment that is an integral part of a weapon or weapons system; or
(V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or
(ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
(B) Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
(7) The term “Secretary” means the Secretary of Homeland Security.
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3074.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in sections 3532 and 3542 of this title prior to repeal by Pub. L. 113283.
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tags: ["legal", "us-code"]
---
# 44 U.S.C. § 3553 - Authority and functions of the Director and the Secretary
## Text
(a) Director.— The Director shall oversee agency information security policies and practices, including—
(1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under section 11331 of title 40;
(2) requiring agencies, consistent with the standards promulgated under such section 11331 and the requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of—
(A) information collected or maintained by or on behalf of an agency; or
(B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;
(3) ensuring that the Secretary carries out the authorities and functions under subsection (b);
(4) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g3) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems;
(5) overseeing agency compliance with the requirements of this subchapter and section 1326 of title 41, including through any authorized action under section 11303 of title 40, to enforce accountability for compliance with such requirements; and
(6) coordinating information security policies and procedures with related information resources management policies and procedures.
(b) Secretary.— The Secretary, in consultation with the Director, shall administer the implementation of agency information security policies and practices for information systems, except for national security systems and information systems described in paragraph (2) or (3) of subsection (e), including—
(1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of subsection (a);
(2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including—
(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;
(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);
(C) requirements for the mitigation of exigent risks to information systems; and
(D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine necessary;
(3) monitoring agency implementation of information security policies and practices;
(4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices;
(5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology;
(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under section 11331 of title 40, including by—
(A) operating the Federal information security incident center established under section 3556;
(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;
(C) compiling and analyzing data on agency information security; and
(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems;
(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and vulnerabilities within Federal information systems;
(8) upon request by an agency, and at the Secretarys discretion, with or without reimbursement—
(A) providing services, functions, and capabilities, including operation of the agencys information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
(B) deploying, operating, and maintaining secure technology platforms and tools, including networks and common business applications, for use by the agency to perform agency functions, including collecting, maintaining, storing, processing, disseminating, and analyzing information; and
(9) other actions as the Director or the Secretary, in consultation with the Director, may determine necessary to carry out this subsection.
(c) Report.— Not later than March 1 of each year, the Director, in consultation with the Secretary, shall submit to Congress a report on the effectiveness of information security policies and practices during the preceding year, including—
(1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1), including a summary of the information required under section 3554(c)(1)(A)(iii);
(2) a description of the threshold for reporting major information security incidents;
(3) a summary of the results of evaluations required to be performed under section 3555;
(4) an assessment of agency compliance with standards promulgated under section 11331 of title 40; and
(5) an assessment of agency compliance with data breach notification policies and procedures issued by the Director.
(d) National Security Systems.— Except for the authorities and functions described in subsection (a)(5) and subsection (c), the authorities and functions of the Director and the Secretary under this section shall not apply to national security systems.
(e) Department of Defense and Intelligence Community Systems.— (1) The authorities of the Director described in paragraphs (1) and (2) of subsection (a) shall be delegated to the Secretary of Defense in the case of systems described in paragraph (2) and to the Director of National Intelligence in the case of systems described in paragraph (3).
(2) The systems described in this paragraph are systems that are operated by the Department of Defense, a contractor of the Department of Defense, or another entity on behalf of the Department of Defense that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Department of Defense.
(3) The systems described in this paragraph are systems that are operated by an element of the intelligence community, a contractor of an element of the intelligence community, or another entity on behalf of an element of the intelligence community that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of an element of the intelligence community.
(f) Consideration.— (1) In general.— In carrying out the responsibilities under subsection (b), the Secretary shall consider any applicable standards or guidelines developed by the National Institute of Standards and Technology and issued by the Secretary of Commerce under section 11331 of title 40.
(2) Directives.— The Secretary shall—
(A) consult with the Director of the National Institute of Standards and Technology regarding any binding operational directive that implements standards and guidelines developed by the National Institute of Standards and Technology; and
(B) ensure that binding operational directives issued under subsection (b)(2) do not conflict with the standards and guidelines issued under section 11331 of title 40.
(3) Rule of construction.— Nothing in this subchapter shall be construed as authorizing the Secretary to direct the Secretary of Commerce in the development and promulgation of standards and guidelines under section 11331 of title 40.
(g) Exercise of Authority.— To ensure fiscal and policy consistency, the Secretary shall exercise the authority under this section subject to direction by the President, in coordination with the Director.
(h) Direction to Agencies.— (1) Authority.— (A) In general.— Subject to subparagraph (B), in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to the information security of an agency, the Secretary may issue an emergency directive to the head of an agency to take any lawful action with respect to the operation of the information system, including such systems used or operated by another entity on behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency information, for the purpose of protecting the information system from, or mitigating, an information security threat.
(B) Exception.— The authorities of the Secretary under this subsection shall not apply to a system described subsection (d) or to a system described in paragraph (2) or (3) of subsection (e).
(2) Procedures for use of authority.— The Secretary shall—
(A) in coordination with the Director, and in consultation with Federal contractors as appropriate, establish procedures governing the circumstances under which a directive may be issued under this subsection, which shall include—
(i) thresholds and other criteria;
(ii) privacy and civil liberties protections; and
(iii) providing notice to potentially affected third parties;
(B) specify the reasons for the required action and the duration of the directive;
(C) minimize the impact of a directive under this subsection by—
(i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and
(ii) limiting directives to the shortest period practicable;
(D) notify the Director and the head of any affected agency immediately upon the issuance of a directive under this subsection;
(E) consult with the Director of the National Institute of Standards and Technology regarding any directive under this subsection that implements standards and guidelines developed by the National Institute of Standards and Technology;
(F) ensure that directives issued under this subsection do not conflict with the standards and guidelines issued under section 11331 of title 40;
(G) consider any applicable standards or guidelines developed by the National Institute of Standards and Technology issued by the Secretary of Commerce under section 11331 of title 40; and
(H) not later than February 1 of each year, submit to the appropriate congressional committees a report regarding the specific actions the Secretary has taken pursuant to paragraph (1)(A).
(3) Imminent threats.— (A) In general.— Notwithstanding section 3554, the Secretary may authorize the use under this subsection of the intrusion detection and prevention capabilities established under section 230(b)(1) 11 See References in Text note below. of the Homeland Security Act of 2002 for the purpose of ensuring the security of agency information systems, if—
(i) the Secretary determines there is an imminent threat to agency information systems;
(ii) the Secretary determines a directive under subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely to result in a timely response to the threat;
(iii) the Secretary determines the risk posed by the imminent threat outweighs any adverse consequences reasonably expected to result from the use of the intrusion detection and prevention capabilities under the control of the Secretary;
(iv) the Secretary provides prior notice to the Director, and the head and chief information officer (or equivalent official) of each agency to which specific actions will be taken pursuant to this paragraph, and notifies the appropriate congressional committees and authorizing committees of each such agency within 7 days of taking an action under this paragraph of—
(I) any action taken under this paragraph; and
(II) the reasons for and duration and nature of the action;
(v) the action of the Secretary is consistent with applicable law; and
(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance with the advance procedures established under subparagraph (C).
(B) Limitation on delegation.— The authority under this paragraph may not be delegated by the Secretary.
(C) Advance procedures.— The Secretary shall, in coordination with the Director, and in consultation with the heads of Federal agencies, establish procedures governing the circumstances under which the Secretary may authorize the use of the intrusion detection and prevention capabilities under subparagraph (A). The Secretary shall submit the procedures to Congress.
(4) Limitation.— The Secretary may direct or authorize lawful action or the use of the intrusion detection and prevention capabilities under this subsection only to—
(A) protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or
(B) require the remediation of or protect against identified information security risks with respect to—
(i) information collected or maintained by or on behalf of an agency; or
(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency.
(i) Annual Report to Congress.— Not later than February 1 of each year, the Director and the Secretary shall submit to the appropriate congressional committees a report regarding the specific actions the Director and the Secretary have taken pursuant to subsection (a)(5), including any actions taken pursuant to section 11303(b)(5) of title 40.
(j) Rule of Construction.— Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).
(k) Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
(1) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Appropriations, the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.
(l) Information Sharing.— (1) In general.— Notwithstanding any other provision of law, including any provision of law that would otherwise restrict or prevent the head of an agency from disclosing information to the Secretary, the Secretary in carrying out this section and title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) may access, use, retain, and disclose, and the head of an agency may disclose to the Secretary, information, for the purpose of protecting information and information systems from cybersecurity risks.
(2) Exception.— Paragraph (1) shall not apply to national security systems or to information systems described in paragraph (2) or (3) of subsection (e).
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3075; amended Pub. L. 114113, div. N, title II, §§ 224(e), 229(a), Dec. 18, 2015, 129 Stat. 2967, 2972; Pub. L. 115390, title II, § 204(a)(1), Dec. 21, 2018, 132 Stat. 5192; Pub. L. 11692, div. E, title LXIV, § 6432, Dec. 20, 2019, 133 Stat. 2200; Pub. L. 116283, div. A, title XVII, § 1705, Jan. 1, 2021, 134 Stat. 4082.)
## Notes
Editorial Notes
References in TextSection 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. 107296, as added by Pub. L. 114113, div. N, title II, § 223(a)(6), Dec. 18, 2015, 129 Stat. 2964, which was redesignated section 2213(b)(1) of Pub. L. 107296 by section 2(g)(2)(I) of Pub. L. 115278, Nov. 16, 2018, 132 Stat. 4178, and is classified to section 663(b)(1) of Title 6, Domestic Security. The Homeland Security Act of 2002, referred to in subsec. (l)(1), is Pub. L. 107296, Nov. 25, 2002, 116 Stat. 2135. Title XXII of the Act is classified generally to subchapter XVIII (§ 651 et seq.) of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.
Prior ProvisionsProvisions similar to this section were contained in sections 3533 and 3543 of this title prior to repeal by Pub. L. 113283.
Amendments2021—Subsec. (b)(7) to (9). Pub. L. 116283, § 1705(1), added pars. (7) and (8) and redesignated former par. (7) as (9). Subsec. (l). Pub. L. 116283, § 1705(2), added subsec. (l). 2019—Subsecs. (j), (k). Pub. L. 11692 added subsec. (j) and redesignated former subsec. (j) as (k). 2018—Subsec. (a)(5). Pub. L. 115390 inserted “and section 1326 of title 41” after “compliance with the requirements of this subchapter”. 2015—Subsec. (b)(6)(B). Pub. L. 114113, § 224(e), inserted “, operating, and maintaining” after “deploying”. Subsecs. (h) to (j). Pub. L. 114113, § 229(a), added subsecs. (h) to (j).
Statutory Notes and Related Subsidiaries
Change of Name 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, Jan. 9, 2019. 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, Jan. 9, 2023.
Effective Date of 2018 AmendmentAmendment by Pub. L. 115390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115390, set out as an Effective Date note under section 1321 of this title.
ConstructionPub. L. 115390, title II, § 204(b), Dec. 21, 2018, 132 Stat. 5193, provided that: “Nothing in this title [see section 201 of Pub. L. 115390, set out as a Short Title of 2018 note under section 101 of Title 41, Public Contracts] shall be construed to alter or impede any authority or responsibility under section 3553 of title 44, United States Code.”
No TikTok on Government DevicesPub. L. 117328, div. R, Dec. 29, 2022, 136 Stat. 5258, provided that: “SEC. 101. SHORT TITLE.“This division may be cited as the No TikTok on Government Devices Act. “SEC. 102. PROHIBITION ON THE USE OF TIKTOK.“(a) Definitions.—In this section—“(1) the term covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited; “(2) the term executive agency has the meaning given that term in section 133 of title 41, United States Code; and “(3) the term information technology has the meaning given that term in section 11101 of title 40, United States Code. “(b) Prohibition on the Use of TikTok.—“(1) In general.—Not later than 60 days after the date of the enactment of this Act [Dec. 29, 2022], the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the Secretary of Defense, and consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code, shall develop standards and guidelines for executive agencies requiring the removal of any covered application from information technology. “(2) National security and research exceptions.—The standards and guidelines developed under paragraph (1) shall include—“(A) exceptions for law enforcement activities, national security interests and activities, and security researchers; and “(B) for any authorized use of a covered application under an exception, requirements for executive agencies to develop and document risk mitigation actions for such use.”
BreachesPub. L. 113283, § 2(d), Dec. 18, 2014, 128 Stat. 3085, provided that: “(1) Requirements.—The Director of the Office of Management and Budget shall ensure that data breach notification policies and guidelines are updated periodically and require—“(A) except as provided in paragraph (4), notice by the affected agency to each committee of Congress described in section 3554(c)(1) of title 44, United States Code, as added by subsection (a), the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives, which shall—“(i) be provided expeditiously and not later than 30 days after the date on which the agency discovered the unauthorized acquisition or access; and “(ii) include—“(I) information about the breach, including a summary of any information that the agency knows on the date on which notification is provided about how the breach occurred; “(II) an estimate of the number of individuals affected by the breach, based on information that the agency knows on the date on which notification is provided, including an assessment of the risk of harm to affected individuals; “(III) a description of any circumstances necessitating a delay in providing notice to affected individuals; and “(IV) an estimate of whether and when the agency will provide notice to affected individuals; and “(B) notice by the affected agency to affected individuals, pursuant to data breach notification policies and guidelines, which shall be provided as expeditiously as practicable and without unreasonable delay after the agency discovers the unauthorized acquisition or access. “(2) National security; law enforcement; remediation.—The Attorney General, the head of an element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary of Homeland Security may delay the notice to affected individuals under paragraph (1)(B) if the notice would disrupt a law enforcement investigation, endanger national security, or hamper security remediation actions. “(3) Reports.—“(A) Director of omb.—During the first 2 years beginning after the date of enactment of this Act [Dec. 18, 2014], the Director of the Office of Management and Budget shall, on an annual basis—“(i) assess agency implementation of data breach notification policies and guidelines in aggregate; and “(ii) include the assessment described in clause (i) in the report required under section 3553(c) of title 44, United States Code. “(B) Secretary of homeland security.—During the first 2 years beginning after the date of enactment of this Act, the Secretary of Homeland Security shall include an assessment of the status of agency implementation of data breach notification policies and guidelines in the requirements under section 3553(b)(2)(B) of title 44, United States Code. “(4) Exception.—Any element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice under paragraph (1)(A) shall only provide such notice to appropriate committees of Congress. “(5) Rule of construction.—Nothing in paragraph (1) shall be construed to alter any authority of a Federal agency or department.” Similar provisions were contained in Pub. L. 113282, § 7(b), Dec. 18, 2014, 128 Stat. 3071.
@@ -0,0 +1,221 @@
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# 44 U.S.C. § 3554 - Federal agency responsibilities
## Text
(a) In General.— The head of each agency shall—
(1) be responsible for—
(A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of—
(i) information collected or maintained by or on behalf of the agency; and
(ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;
(B) complying with the requirements of this subchapter, subchapter III of chapter 13 of title 41, and related policies, procedures, standards, and guidelines, including—
(i) information security standards promulgated under section 11331 of title 40;
(ii) operational directives developed by the Secretary under section 3553(b);
(iii) policies and procedures issued by the Director;
(iv) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President;
(v) emergency directives issued by the Secretary under section 3553(h); and
(vi) responsibilities relating to assessing and avoiding, mitigating, transferring, or accepting supply chain risks under section 1326 of title 41, and complying with exclusion and removal orders issued under section 1323 of such title; and
(C) ensuring that information security management processes are integrated with agency strategic, operational, and budgetary planning processes;
(2) ensure that senior agency officials provide information security for the information and information systems that support the operations and assets under their control, including through—
(A) assessing the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information systems;
(B) determining the levels of information security appropriate to protect such information and information systems in accordance with standards promulgated under section 11331 of title 40, for information security classifications and related requirements;
(C) implementing policies and procedures to cost-effectively reduce risks to an acceptable level; and
(D) periodically testing and evaluating information security controls and techniques to ensure that they are effectively implemented;
(3) delegate to the agency Chief Information Officer established under section 3506 (or comparable official in an agency not covered by such section) the authority to ensure compliance with the requirements imposed on the agency under this subchapter, including—
(A) designating a senior agency information security officer who shall—
(i) carry out the Chief Information Officers responsibilities under this section;
(ii) possess professional qualifications, including training and experience, required to administer the functions described under this section;
(iii) have information security duties as that officials primary duty; and
(iv) head an office with the mission and resources to assist in ensuring agency compliance with this section;
(B) developing and maintaining an agencywide information security program as required by subsection (b);
(C) developing and maintaining information security policies, procedures, and control techniques to address all applicable requirements, including those issued under section 3553 of this title and section 11331 of title 40;
(D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and
(E) assisting senior agency officials concerning their responsibilities under paragraph (2);
(4) ensure that the agency has trained personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines;
(5) ensure that the agency Chief Information Officer, in coordination with other senior agency officials, reports annually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions;
(6) ensure that senior agency officials, including chief information officers of component agencies or equivalent officials, carry out responsibilities under this subchapter as directed by the official delegated authority under paragraph (3); and
(7) ensure that all personnel are held accountable for complying with the agency-wide information security program implemented under subsection (b).
(b) Agency Program.— Each agency shall develop, document, and implement an agency-wide information security program to provide information security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes—
(1) periodic assessments of the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the agency, which may include using automated tools consistent with standards and guidelines promulgated under section 11331 of title 40;
(2) policies and procedures that—
(A) are based on the risk assessments required by paragraph (1);
(B) cost-effectively reduce information security risks to an acceptable level;
(C) ensure that information security is addressed throughout the life cycle of each agency information system; and
(D) ensure compliance with—
(i) the requirements of this subchapter;
(ii) policies and procedures as may be prescribed by the Director, and information security standards promulgated under section 11331 of title 40;
(iii) minimally acceptable system configuration requirements, as determined by the agency; and
(iv) any other applicable requirements, including standards and guidelines for national security systems issued in accordance with law and as directed by the President;
(3) subordinate plans for providing adequate information security for networks, facilities, and systems or groups of information systems, as appropriate;
(4) security awareness training to inform personnel, including contractors and other users of information systems that support the operations and assets of the agency, of—
(A) information security risks associated with their activities; and
(B) their responsibilities in complying with agency policies and procedures designed to reduce these risks;
(5) periodic testing and evaluation of the effectiveness of information security policies, procedures, and practices, to be performed with a frequency depending on risk, but no less than annually, of which such testing—
(A) shall include testing of management, operational, and technical controls of every information system identified in the inventory required under section 3505(c); 11 So in original. Section 3505 contains two subsecs. (c).
(B) may include testing relied on in an evaluation under section 3555; and
(C) shall include using automated tools, consistent with standards and guidelines promulgated under section 11331 of title 40;
(6) a process for planning, implementing, evaluating, and documenting remedial action to address any deficiencies in the information security policies, procedures, and practices of the agency;
(7) procedures for detecting, reporting, and responding to security incidents, which—
(A) shall be consistent with the standards and guidelines described in section 3556(b);
(B) may include using automated tools; and
(C) shall include—
(i) mitigating risks associated with such incidents before substantial damage is done;
(ii) notifying and consulting with the Federal information security incident center established in section 3556; and
(iii) notifying and consulting with, as appropriate—
(I) law enforcement agencies and relevant Offices of Inspector General and Offices of General Counsel;
(II) an office designated by the President for any incident involving a national security system;
(III) for a major incident, the committees of Congress described in subsection (c)(1)—
(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and
(bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and
(IV) any other agency or office, in accordance with law or as directed by the President; and
(8) plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the agency.
(c) Agency Reporting.— (1) Annual report.— (A) In general.— Each agency shall submit to the Director, the Secretary, the Committee on Government Reform, the Committee on Homeland Security, and the Committee on Science of the House of Representatives, the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the Comptroller General a report on the adequacy and effectiveness of information security policies, procedures, and practices, including—
(i) a description of each major information security incident or related sets of incidents, including summaries of—
(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;
(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;
(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and
(IV) the detection, response, and remediation actions;
(ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems;
(iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including—
(I) the number of individuals whose information was affected by the major information security incident; and
(II) a description of the information that was breached or exposed; and
(iv) any other information as the Director or the Secretary, in consultation with the Director, may require.
(B) Unclassified report.— (i) In general.— Each report submitted under subparagraph (A) shall be in unclassified form, but may include a classified annex.
(ii) Access to information.— The head of an agency shall ensure that, to the greatest extent practicable, information is included in the unclassified version of the reports submitted by the agency under subparagraph (A).
(2) Other plans and reports.— Each agency shall address the adequacy and effectiveness of information security policies, procedures, and practices in management plans and reports.
(d) Performance Plan.— (1) In addition to the requirements of subsection (c), each agency, in consultation with the Director, shall include as part of the performance plan required under section 1115 of title 31 a description of—
(A) the time periods; and
(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under subsection (b).
(2) The description under paragraph (1) shall be based on the risk assessments required under subsection (b)(1).
(e) Public Notice and Comment.— Each agency shall provide the public with timely notice and opportunities for comment on proposed information security policies and procedures to the extent that such policies and procedures affect communication with the public.
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3078; amended Pub. L. 114113, div. N, title II, § 229(b), Dec. 18, 2015, 129 Stat. 2974; Pub. L. 115390, title II, § 204(a)(2), Dec. 21, 2018, 132 Stat. 5193.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in sections 3534 and 3544 of this title prior to repeal by Pub. L. 113283.
Amendments2018—Subsec. (a)(1)(B). Pub. L. 115390, § 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. 115390, § 204(a)(2)(B), (C), added cl. (vi). 2015—Subsec. (a)(1)(B)(v). Pub. L. 114113 added cl. (v).
Statutory Notes and Related Subsidiaries
Change of Name 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, Jan. 5, 2007. 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, Jan. 9, 2019. 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, Jan. 9, 2023.
Effective Date of 2018 AmendmentAmendment by Pub. L. 115390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115390, set out as an Effective Date note under section 1321 of Title 41, Public Contracts.
Major IncidentPub. L. 113283, § 2(b), Dec. 18, 2014, 128 Stat. 3085, provided that: “The Director of the Office of Management and Budget shall— “(1) develop guidance on what constitutes a major incident for purposes of section 3554(b) of title 44, United States Code, as added by subsection (a); and “(2) provide to Congress periodic briefings on the status of the developing of the guidance until the date on which the guidance is issued.”
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# 44 U.S.C. § 3555 - Annual independent evaluation
## Text
(a) In General.— (1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency to determine the effectiveness of such program and practices.
(2) Each evaluation under this section shall include—
(A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agencys information systems;
(B) an assessment of the effectiveness of the information security policies, procedures, and practices of the agency; and
(C) separate presentations, as appropriate, regarding information security relating to national security systems.
(b) Independent Auditor.— Subject to subsection (c)—
(1) for each agency with an Inspector General appointed under chapter 4 of title 5, the annual evaluation required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; and
(2) for each agency to which paragraph (1) does not apply, the head of the agency shall engage an independent external auditor to perform the evaluation.
(c) National Security Systems.— For each agency operating or exercising control of a national security system, that portion of the evaluation required by this section directly relating to a national security system shall be performed—
(1) only by an entity designated by the agency head; and
(2) in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws.
(d) Existing Evaluations.— The evaluation required by this section may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the applicable agency.
(e) Agency Reporting.— (1) Each year, not later than such date established by the Director, the head of each agency shall submit to the Director the results of the evaluation required under this section.
(2) To the extent an evaluation required under this section directly relates to a national security system, the evaluation results submitted to the Director shall contain only a summary and assessment of that portion of the evaluation directly relating to a national security system.
(f) Protection of Information.— Agencies and evaluators shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws and regulations.
(g) OMB Reports to Congress.— (1) The Director shall summarize the results of the evaluations conducted under this section in the report to Congress required under section 3553(c).
(2) The Directors report to Congress under this subsection shall summarize information regarding information security relating to national security systems in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws.
(3) Evaluations and any other descriptions of information systems under the authority and control of the Director of National Intelligence or of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws.
(h) Comptroller General.— The Comptroller General shall periodically evaluate and report to Congress on—
(1) the adequacy and effectiveness of agency information security policies and practices; and
(2) implementation of the requirements of this subchapter.
(i) Assessment Technical Assistance.— The Comptroller General may provide technical assistance to an Inspector General or the head of an agency, as applicable, to assist the Inspector General or head of an agency in carrying out the duties under this section, including by testing information security controls and procedures.
(j) Guidance.— The Director, in consultation with the Secretary, the Chief Information Officers Council established under section 3603, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of guidance for evaluating the effectiveness of an information security program and practices.
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3082; amended Pub. L. 117286, § 4(b)(89), Dec. 27, 2022, 136 Stat. 4352.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in sections 3535 and 3545 of this title prior to repeal by Pub. L. 113283.
Amendments2022—Subsec. (b)(1). Pub. L. 117286 substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978,”.
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# 44 U.S.C. § 3556 - Federal information security incident center
## Text
(a) In General.— The Secretary shall ensure the operation of a central Federal information security incident center to—
(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;
(2) compile and analyze information about incidents that threaten information security;
(3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities;
(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and
(5) consult with the National Institute of Standards and Technology, agencies or offices operating or exercising control of national security systems (including the National Security Agency), and such other agencies or offices in accordance with law and as directed by the President regarding information security incidents and related matters.
(b) National Security Systems.— Each agency operating or exercising control of a national security system shall share information about information security incidents, threats, and vulnerabilities with the Federal information security incident center to the extent consistent with standards and guidelines for national security systems, issued in accordance with law and as directed by the President.
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3084.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 3546 of this title prior to repeal by Pub. L. 113283.
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# 44 U.S.C. § 3557 - National security systems
## Text
The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency—
(1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system;
(2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President; and
(3) complies with the requirements of this subchapter.
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3084.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in sections 3536 and 3547 of this title prior to repeal by Pub. L. 113283.
Statutory Notes and Related Subsidiaries
Enforcement of Cybersecurity Requirements for National Security SystemsPub. L. 117263, div. F, title LXIII, § 6309, Dec. 23, 2022, 136 Stat. 3506, as amended by Pub. L. 11831, div. G, title III, § 7352, Dec. 22, 2023, 137 Stat. 1065, provided that: “(a) Definitions.—In this section:“(1) Cybersecurity requirements for national security systems.—The term cybersecurity requirements for national security systems means the minimum cybersecurity requirements established by the National Manager, consistent with the direction of the President and in consultation with the Director of National Intelligence, that applies to all national security systems operated by, on the behalf of, or administered by the head of an element of the intelligence community. “(2) National manager.—The term National Manager means the National Manager for National Security Systems designated by the President. “(3) National security systems.—The term national security systems includes—“(A) national security systems (as defined in section 3552(b) of title 44, United States Code); and “(B) information systems described in paragraph (2) or (3) of section 3553(e) of such title. “(b) Implementation Deadline.—The cybersecurity requirements for national security systems shall include appropriate deadlines by which all elements of the intelligence community shall have fully implemented the requirements. “(c) Reevaluation and Updates.—Not less frequently than once every 2 years, the National Manager shall reevaluate and update the cybersecurity requirements for national security systems. “(d) Resources.—Each head of an element of the intelligence community that owns or operates a national security system shall update plans of the element to prioritize resources in such a manner as to fully implement the cybersecurity requirements for national security systems by the deadline established pursuant to subsection (b) for the next 10 fiscal years. “(e) Implementation Report.—Each head of an element of the intelligence community that owns or operates a national security system shall submit to the congressional intelligence committees not later than 90 days after the date of the enactment of this subsection [Dec. 22, 2023] a plan detailing the cost and schedule requirements necessary to meet all of the cybersecurity requirements for national security systems by the end of fiscal year 2026. “(f) Exemptions.—“(1) In general.—The head of an element of the intelligence community may exempt a national security system owned or operated by the element from the cybersecurity requirements for national security systems if done so in accordance with the procedures established under paragraph (2). “(2) Exemption procedures.—The National Manager shall, consistent with the direction of the President, establish procedures that govern—“(A) the circumstances under which the head of an element of the intelligence community may exempt a national security system under paragraph (1); and “(B) the process for implementing the exemption. “(3) Annual reports on exemptions.—“(A) In general.—Each year, the National Manager and the Director of National Intelligence shall—“(i) submit to the congressional intelligence committees an annual report documenting all exemptions made under paragraph (1) during the period covered by the report, along with the justifications for the exemptions; and “(ii) in the case of an exemption made by the Assistant Secretary of State for Intelligence and Research under such paragraph, submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a separate report describing the exemption and the justification for it. “(B) Manner.—Each report submitted under subparagraph (A) shall be submitted with such classification as the Director considers appropriate and with due regard for the protection of sensitive intelligence sources and methods.” [For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6309 of Pub. L. 117263, set out above, see section 3003 of Title 50, War and National Defense, as made applicable by section 6002 of Pub. L. 117263, which is set out as a note under section 3003 of Title 50.]
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# 44 U.S.C. § 3558 - Effect on existing law
## Text
Nothing in this subchapter, section 11331 of title 40, or section 20 of the National Standards 11 So in original. Probably should be “National Institute of Standards”. and Technology Act (15 U.S.C. 278g3) may be construed as affecting the authority of the President, the Office of Management and Budget or the Director thereof, the National Institute of Standards and Technology, or the head of any agency, with respect to the authorized use or disclosure of information, including with regard to the protection of personal privacy under section 552a of title 5, the disclosure of information under section 552 of title 5, the management and disposition of records under chapters 22 So in original. Probably should be “chapter”. 29, 31, or 33 of title 44, the management of information resources under subchapter I of chapter 35 of this title, or the disclosure of information to the Congress or the Comptroller General of the United States.
(Added Pub. L. 113283, § 2(a), Dec. 18, 2014, 128 Stat. 3084.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in sections 3538 and 3549 of this title prior to repeal by Pub. L. 113283.
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# 44 U.S.C. § 3559 - Federal websites required to be mobile friendly
## Text
(a) In General.— If, on or after the date that is 180 days after the date of the enactment of this section, an agency creates a website that is intended for use by the public or conducts a redesign of an existing legacy website that is intended for use by the public, the agency shall ensure to the greatest extent practicable that the website is mobile friendly.
(b) Definitions.— In this section:
(1) Agency.— The term “agency” has the meaning given that term in section 551 of title 5.
(2) Mobile friendly.— The term “mobile friendly” means, with respect to a website, that the website is configured in such a way that the website may be navigated, viewed, and accessed on a smartphone, tablet computer, or similar mobile device.
(Added Pub. L. 115114, § 2(a), Jan. 10, 2018, 131 Stat. 2278.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 115114, which was approved Jan. 10, 2018.
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# 44 U.S.C. § 3561 - Definitions
## Text
In this subchapter:
(1) Agency.— The term “agency” means any entity that falls within the definition of the term “executive agency”, as defined in section 102 of title 31, or “agency”, as defined in section 3502.
(2) Agent.— The term “agent” means an individual—
(A) (i) who is an employee of a private organization or a researcher affiliated with an institution of higher learning (including a person granted special sworn status by the Bureau of the Census under section 23(c) of title 13), and with whom a contract or other agreement is executed, on a temporary basis, by an executive agency to perform exclusively statistical activities under the control and supervision of an officer or employee of that agency;
(ii) who is working under the authority of a government entity with which a contract or other agreement is executed by an executive agency to perform exclusively statistical activities under the control of an officer or employee of that agency;
(iii) who is a self-employed researcher, a consultant, a contractor, or an employee of a contractor, and with whom a contract or other agreement is executed by an executive agency to perform a statistical activity under the control of an officer or employee of that agency; or
(iv) who is a contractor or an employee of a contractor, and who is engaged by the agency to design or maintain the systems for handling or storage of data received under this subchapter; and
(B) who agrees in writing to comply with all provisions of law that affect information acquired by that agency.
(3) Business data.— The term “business data” means operating and financial data and information about businesses, tax-exempt organizations, and government entities.
(4) Data asset.— The term “data asset” has the meaning given that term in section 3502.
(5) Director.— The term “Director” means the Director of the Office of Management and Budget.
(6) Evidence.— The term “evidence” means information produced as a result of statistical activities conducted for a statistical purpose.
(7) Identifiable form.— The term “identifiable form” means any representation of information that permits the identity of the respondent to whom the information applies to be reasonably inferred by either direct or indirect means.
(8) Nonstatistical purpose.— The term “nonstatistical purpose”—
(A) means the use of data in identifiable form for any purpose that is not a statistical purpose, including any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent; and
(B) includes the disclosure under section 552 of title 5 of data that are acquired for exclusively statistical purposes under a pledge of confidentiality.
(9) Respondent.— The term “respondent” means a person who, or organization that, is requested or required to supply information to an agency, is the subject of information requested or required to be supplied to an agency, or provides that information to an agency.
(10) Statistical activities.— The term “statistical activities”—
(A) means the collection, compilation, processing, or analysis of data for the purpose of describing or making estimates concerning the whole, or relevant groups or components within, the economy, society, or the natural environment; and
(B) includes the development of methods or resources that support those activities, such as measurement methods, models, statistical classifications, or sampling frames.
(11) Statistical agency or unit.— The term “statistical agency or unit” means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes, as designated by the Director under section 3562.
(12) Statistical purpose.— The term “statistical purpose”—
(A) means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and
(B) includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A).
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5544.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
Transitional and Savings ProvisionsPub. L. 115435, title III, § 302(d), Jan. 14, 2019, 132 Stat. 5553, provided that: “(1) Cutoff date.—This title [see Short Title of 2019 Amendment note set out under section 101 of this title] replaces certain provisions of law enacted on December 17, 2002. If a law enacted after that date amends or repeals a provision replaced by this title, that law is deemed to amend or repeal, as the case may be, the corresponding provision enacted by this title. If a law enacted after that date is otherwise inconsistent with this title, it supersedes this title to the extent of the inconsistency. “(2) Original date of enactment unchanged.—For purposes of determining whether one provision of law supersedes another based on enactment later in time, the date of the enactment of a provision enacted by this title is deemed to be the date of the enactment of the provision it replaced. “(3) References to provisions replaced.—A reference to a provision of law replaced by this title, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this title. “(4) Regulations, orders, and other administrative actions.—A regulation, order, or other administrative action in effect under a provision of law replaced by this title continues in effect under the corresponding provision enacted by this title. “(5) Actions taken and offenses committed.—An action taken or an offense committed under a provision of law replaced by this title is deemed to have been taken or committed under the corresponding provision enacted by this title.”
Deadline for Guidance and ImplementationPub. L. 115435, title III, § 303(c), Jan. 14, 2019, 132 Stat. 5556, provided that: “Not later than 1 year after the date of the enactment of this Act [Jan. 14, 2019], the Director of the Office of Management and Budget shall promulgate or issue any regulation or guidance required by subchapter III of [chapter 35 of] title 44, United States Code, as amended by this section, with a requirement for such regulation or guidance to be implemented not later than 1 year after the date on which such regulation or guidance has been promulgated or issued.”
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# 44 U.S.C. § 3562 - Coordination and oversight of policies
## Text
(a) In General.— The Director shall coordinate and oversee the confidentiality and disclosure policies established by this subchapter. The Director may promulgate rules or provide other guidance to ensure consistent interpretation of this subchapter by the affected agencies. The Director shall develop a process by which the Director designates agencies or organizational units as statistical agencies and units. The Director shall promulgate guidance to implement such process, which shall include specific criteria for such designation and methods by which the Director will ensure transparency in the process.
(b) Agency Rules.— Subject to subsection (c), agencies may promulgate rules to implement this subchapter. Rules governing disclosures of information that are authorized by this subchapter shall be promulgated by the agency that originally collected the information.
(c) Review and Approval of Rules.— The Director shall review any rules proposed by an agency pursuant to this subchapter for consistency with the provisions of this chapter and such rules shall be subject to the approval of the Director.
(d) Reports.— (1) The head of each agency shall provide to the Director such reports and other information as the Director requests.
(2) Each Designated Statistical Agency (as defined in section 3576(e)) shall report annually to the Director, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on the actions it has taken to implement section 3576. The report shall include copies of each written agreement entered into pursuant to section 3576(c)(1) for the applicable year.
(3) The Director shall include a summary of reports submitted to the Director under this subsection and actions taken by the Director to advance the purposes of this subchapter in the annual report to Congress on statistical programs prepared under section 3504(e)(2).
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5546.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name 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, Jan. 9, 2019. 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, Jan. 9, 2023.
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3563 - Statistical agencies
## Text
(a) Responsibilities.— (1) In general.— Each statistical agency or unit shall—
(A) produce and disseminate relevant and timely statistical information;
(B) conduct credible and accurate statistical activities;
(C) conduct objective statistical activities; and
(D) protect the trust of information providers by ensuring the confidentiality and exclusive statistical use of their responses.
(2) Policies, best practices, and procedures.— Each statistical agency or unit shall adopt policies, best practices, and appropriate procedures to implement the responsibilities described in paragraph (1).
(b) Support From Other Agencies.— The head of each agency shall enable, support, and facilitate statistical agencies or units in carrying out the responsibilities described in subsection (a)(1).
(c) Regulations.— The Director shall prescribe regulations to carry out this section.
(d) Definitions.— In this section:
(1) Accurate.— The term “accurate”, when used with respect to statistical activities, means statistics that consistently match the events and trends being measured.
(2) Confidentiality.— The term “confidentiality” means a quality or condition accorded to information as an obligation not to disclose that information to an unauthorized party.
(3) Objective.— The term “objective”, when used with respect to statistical activities, means accurate, clear, complete, and unbiased.
(4) Relevant.— The term “relevant”, when used with respect to statistical information, means processes, activities, and other such matters likely to be useful to policymakers and public and private sector data users.
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5546.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3564 - Effect on other laws
## Text
(a) Title 44, United States Code.— This subchapter does not diminish the authority under section 3510 of the Director to direct, and of an agency to make, disclosures that are not inconsistent with any applicable law.
(b) Title 13 and Title 44, United States Code.— This subchapter does not diminish the authority of the Bureau of the Census to provide information in accordance with sections 8, 16, 301, and 401 of title 13 and section 2108 of this title.
(c) Title 13, United States Code.— This subchapter shall not be construed as authorizing the disclosure for nonstatistical purposes of demographic data or information collected by the Bureau of the Census pursuant to section 9 of title 13.
(d) Various Energy Statutes.— Data or information acquired by the Energy Information Administration under a pledge of confidentiality and designated by the Energy Information Administration to be used for exclusively statistical purposes shall not be disclosed in identifiable form for nonstatistical purposes under—
(1) section 12, 20, or 59 of the Federal Energy Administration Act of 1974 (15 U.S.C. 771, 779, 790h);
(2) section 11 of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796); or
(3) section 205 or 407 of the Department of Energy Organization Act (42 U.S.C. 7135, 7177).
(e) Section 201 of Congressional Budget Act of 1974.— This subchapter shall not be construed to limit any authorities of the Congressional Budget Office to work (consistent with laws governing the confidentiality of information the disclosure of which would be a violation of law) with databases of Designated Statistical Agencies (as defined in section 3576(e)), either separately or, for data that may be shared pursuant to section 3576(c) or other authority, jointly in order to improve the general utility of these databases for the statistical purpose of analyzing pension and health care financing issues.
(f) Preemption of State Law.— Nothing in this subchapter shall preempt applicable State law regarding the confidentiality of data collected by the States.
(g) Statutes Regarding False Statements.— Notwithstanding section 3572, information collected by an agency for exclusively statistical purposes under a pledge of confidentiality may be provided by the collecting agency to a law enforcement agency for the prosecution of submissions to the collecting agency of false statistical information under statutes that authorize criminal penalties (such as section 221 of title 13) or civil penalties for the provision of false statistical information, unless such disclosure or use would otherwise be prohibited under Federal law.
(h) Construction.— Nothing in this subchapter shall be construed as restricting or diminishing any confidentiality protections or penalties for unauthorized disclosure that otherwise apply to data or information collected for statistical purposes or nonstatistical purposes, including, but not limited to, section 6103 of the Internal Revenue Code of 1986.
(i) Authority of Congress.— Nothing in this subchapter shall be construed to affect the authority of the Congress, including its committees, members, or agents, to obtain data or information for a statistical purpose, including for oversight of an agencys statistical activities.
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5547.)
## Notes
Editorial Notes
References in TextSection 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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3571 - Findings
## Text
The Congress finds the following:
(1) Individuals, businesses, and other organizations have varying degrees of legal protection when providing information to the agencies for strictly statistical purposes.
(2) Pledges of confidentiality by agencies provide assurances to the public that information about individuals or organizations or provided by individuals or organizations for exclusively statistical purposes will be held in confidence and will not be used against such individuals or organizations in any agency action.
(3) Protecting the confidentiality interests of individuals or organizations who provide information under a pledge of confidentiality for Federal statistical programs serves both the interests of the public and the needs of society.
(4) Declining trust of the public in the protection of information provided under a pledge of confidentiality to the agencies adversely affects both the accuracy and completeness of statistical analyses.
(5) Ensuring that information provided under a pledge of confidentiality for statistical purposes receives protection is essential in continuing public cooperation in statistical programs.
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5548.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3572 - Confidential information protection
## Text
(a) Purposes.— The purposes of this section are the following:
(1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes under a pledge of confidentiality is used exclusively for statistical purposes.
(2) To ensure that individuals or organizations who supply information under a pledge of confidentiality to agencies for statistical purposes will neither have that information disclosed in identifiable form to anyone not authorized by this subchapter nor have that information used for any purpose other than a statistical purpose.
(3) To safeguard the confidentiality of individually identifiable information acquired under a pledge of confidentiality for statistical purposes by controlling access to, and uses made of, such information.
(b) Use of Statistical Data or Information.— Data or information acquired by an agency under a pledge of confidentiality and for exclusively statistical purposes shall be used by officers, employees, or agents of the agency exclusively for statistical purposes and protected in accordance with such pledge.
(c) Disclosure of Statistical Data or Information.— (1) Data or information acquired by an agency under a pledge of confidentiality for exclusively statistical purposes shall not be disclosed by an agency in identifiable form, for any use other than an exclusively statistical purpose, except with the informed consent of the respondent.
(2) A disclosure pursuant to paragraph (1) is authorized only when the head of the agency approves such disclosure and the disclosure is not prohibited by any other law.
(3) This section does not restrict or diminish any confidentiality protections in law that otherwise apply to data or information acquired by an agency under a pledge of confidentiality for exclusively statistical purposes.
(d) Rule for Use of Data or Information for Nonstatistical Purposes.— A statistical agency or unit shall clearly distinguish any data or information it collects for nonstatistical purposes (as authorized by law) and provide notice to the public, before the data or information is collected, that the data or information could be used for nonstatistical purposes.
(e) Designation of Agents.— A statistical agency or unit may designate agents, by contract or by entering into a special agreement containing the provisions required under section 3561(2) for treatment as an agent under that section, who may perform exclusively statistical activities, subject to the limitations and penalties described in this subchapter.
(f) Fines and Penalties.— Whoever, being an officer, employee, or agent of an agency acquiring information for exclusively statistical purposes, having taken and subscribed the oath of office, or having sworn to observe the limitations imposed by this section, comes into possession of such information by reason of his or her being an officer, employee, or agent and, knowing that the disclosure of the specific information is prohibited under the provisions of this subchapter, willfully discloses the information in any manner to a person or agency not entitled to receive it, shall be guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5548.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3575 - Findings
## Text
The Congress finds the following:
(1) Federal statistics are an important source of information for public and private decision-makers such as policymakers, consumers, businesses, investors, and workers.
(2) Federal statistical agencies should continuously seek to improve their efficiency. Statutory constraints limit the ability of these agencies to share data and thus to achieve higher efficiency for Federal statistical programs.
(3) The quality of Federal statistics depends on the willingness of businesses to respond to statistical surveys. Reducing reporting burdens will increase response rates, and therefore lead to more accurate characterizations of the economy.
(4) Enhanced sharing of business data among the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics for exclusively statistical purposes will improve their ability to track more accurately the large and rapidly changing nature of United States business. In particular, the statistical agencies will be able to better ensure that businesses are consistently classified in appropriate industries, resolve data anomalies, produce statistical samples that are consistently adjusted for the entry and exit of new businesses in a timely manner, and correct faulty reporting errors quickly and efficiently.
(5) Congress enacted the International Investment and Trade in Services Survey Act (Public Law 94472), which allowed the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics to share data on foreign-owned companies. The Act not only expanded detailed industry coverage from 135 industries to over 800 industries with no increase in the data collected from respondents but also demonstrated how data sharing can result in the creation of valuable data products.
(6) With part B of this subchapter, the sharing of business data among the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics continues to ensure the highest level of confidentiality for respondents to statistical surveys.
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5549.)
## Notes
Editorial Notes
References in TextThe International Investment and Trade in Services Survey Act, referred to in par. (5), is Pub. L. 94472, Oct. 11, 1976, 90 Stat. 2059, which is classified generally to chapter 46 (§ 3101 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 22 and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3576 - Designated statistical agencies
## Text
(a) Purposes.— The purposes of this section are the following:
(1) To authorize the sharing of business data among the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics for exclusively statistical purposes.
(2) To reduce the paperwork burdens imposed on businesses that provide requested information to the Federal Government.
(3) To improve the comparability and accuracy of Federal economic statistics by allowing the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics to update sample frames, develop consistent classifications of establishments and companies into industries, improve coverage, and reconcile significant differences in data produced by the three agencies.
(4) To increase understanding of the United States economy, especially for key industry and regional statistics, to develop more accurate measures of the impact of technology on productivity growth, and to enhance the reliability of the Nations most important economic indicators, such as the National Income and Product Accounts.
(b) Responsibilities of Designated Statistical Agencies.— The head of each of the Designated Statistical Agencies shall—
(1) identify opportunities to eliminate duplication and otherwise reduce reporting burden and cost imposed on the public in providing information for statistical purposes;
(2) enter into joint statistical projects to improve the quality and reduce the cost of statistical programs; and
(3) protect the confidentiality of individually identifiable information acquired for statistical purposes by adhering to safeguard principles, including—
(A) emphasizing to their officers, employees, and agents the importance of protecting the confidentiality of information in cases where the identity of individual respondents can reasonably be inferred by either direct or indirect means;
(B) training their officers, employees, and agents in their legal obligations to protect the confidentiality of individually identifiable information and in the procedures that must be followed to provide access to such information;
(C) implementing appropriate measures to assure the physical and electronic security of confidential data;
(D) establishing a system of records that identifies individuals accessing confidential data and the project for which the data were required; and
(E) being prepared to document their compliance with safeguard principles to other agencies authorized by law to monitor such compliance.
(c) Sharing of Business Data Among Designated Statistical Agencies.— (1) In general.— A Designated Statistical Agency may provide business data in an identifiable form to another Designated Statistical Agency under the terms of a written agreement among the agencies sharing the business data that specifies—
(A) the business data to be shared;
(B) the statistical purposes for which the business data are to be used;
(C) the officers, employees, and agents authorized to examine the business data to be shared; and
(D) appropriate security procedures to safeguard the confidentiality of the business data.
(2) Responsibilities of agencies under other laws.— The provision of business data by an agency to a Designated Statistical Agency under this section shall in no way alter the responsibility of the agency providing the data under other statutes (including sections 552 and 552b of title 5) with respect to the provision or withholding of such information by the agency providing the data.
(3) Responsibilities of officers, employees, and agents.— Examination of business data in identifiable form shall be limited to the officers, employees, and agents authorized to examine the individual reports in accordance with written agreements pursuant to this section. Officers, employees, and agents of a Designated Statistical Agency who receive data pursuant to this section shall be subject to all provisions of law, including penalties, that relate—
(A) to the unlawful provision of the business data that would apply to the officers, employees, and agents of the agency that originally obtained the information; and
(B) to the unlawful disclosure of the business data that would apply to officers, employees, and agents of the agency that originally obtained the information.
(4) Notice.— Whenever a written agreement concerns data that respondents were required by law to report and the respondents were not informed that the data could be shared among the Designated Statistical Agencies, for exclusively statistical purposes, the terms of such agreement shall be described in a public notice issued by the agency that intends to provide the data. Such notice shall allow a minimum of 60 days for public comment.
(d) Limitations on Use of Business Data Provided by Designated Statistical Agencies.— (1) General use.— Business data provided by a Designated Statistical Agency pursuant to this section shall be used exclusively for statistical purposes.
(2) Publication.— Publication of business data acquired by a Designated Statistical Agency shall occur in a manner whereby the data furnished by any particular respondent are not in identifiable form.
(e) Designated Statistical Agency Defined.— In this section, the term “Designated Statistical Agency” means each of the following:
(1) The Census Bureau of the Department of Commerce.
(2) The Bureau of Economic Analysis of the Department of Commerce.
(3) The Bureau of Labor Statistics of the Department of Labor.
(Added Pub. L. 115435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5550.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3581 - Presumption of accessibility for statistical agencies and units
## Text
(a) Accessibility of Data Assets.— The head of an agency shall, to the extent practicable, make any data asset maintained by the agency available, upon request, to any statistical agency or unit for purposes of developing evidence.
(b) Limitations.— Subsection (a) does not apply to any data asset that is subject to a statute that—
(1) prohibits the sharing or intended use of such asset in a manner as to leave no discretion on the issue; or
(2) if enacted after the date of the enactment of this section, specifically cites to this paragraph.
(c) Regulations.— The Director shall prescribe regulations for agencies to carry out this section. Such regulations shall—
(1) require the timely provision of data assets under subsection (a);
(2) provide a list of statutes that exempt agencies from the requirement under subsection (a) pursuant to subsection (b)(1);
(3) establish clear and consistent standards, to the extent possible, for complying with section 552a of title 5 (commonly known as the “Privacy Act of 1974”) and any other applicable law requiring the protection and confidentiality of individually identifiable information; and
(4) require a transparent process for statistical agencies and units to request data assets from agencies and for agencies to respond to such requests.
(d) Rule of Construction.— Nothing in this section may be construed as altering existing intellectual property rights or the terms of any contract or other binding, written agreement.
(Added Pub. L. 115435, title III, § 303(a), Jan. 14, 2019, 132 Stat. 5554.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 115435, which was approved Jan. 14, 2019.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
@@ -0,0 +1,69 @@
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# 44 U.S.C. § 3582 - Expanding secure access to CIPSEA data assets
## Text
(a) Statistical Agency Responsibilities.— To the extent practicable, each statistical agency or unit shall expand access to data assets of such agency or unit acquired or accessed under this subchapter to develop evidence while protecting such assets from inappropriate access and use, in accordance with the regulations promulgated under subsection (b).
(b) Regulations for Accessibility of Nonpublic Data Assets.— The Director shall promulgate regulations, in accordance with applicable law, for statistical agencies and units to carry out the requirement under subsection (a). Such regulations shall include the following:
(1) Standards for each statistical agency or unit to assess each data asset owned or accessed by the statistical agency or unit for purposes of categorizing the sensitivity level of each such asset and identifying the corresponding level of accessibility to each such asset. Such standards shall include—
(A) common sensitivity levels and corresponding levels of accessibility that may be assigned to a data asset, including a requisite minimum and maximum number of sensitivity levels for each statistical agency or unit to use;
(B) criteria for determining the sensitivity level and corresponding level of accessibility of each data asset; and
(C) criteria for determining whether a less sensitive and more accessible version of a data asset can be produced.
(2) Standards for each statistical agency or unit to improve access to a data asset pursuant to paragraph (1) or (3) by removing or obscuring information in such a manner that the identity of the data subject is less likely to be reasonably inferred by either direct or indirect means.
(3) A requirement for each statistical agency or unit to conduct a comprehensive risk assessment of any data asset acquired or accessed under this subchapter prior to any public release of such asset, including standards for such comprehensive risk assessment and criteria for making a determination of whether to release the data.
(4) Requirements for each statistical agency or unit to make any process or assessment established, produced, or conducted pursuant to this section transparent and easy to understand, including the following:
(A) A requirement to make information on the assessment of the sensitivity level of each data asset conducted pursuant to paragraph (1) available on the Federal data catalogue established under section 3511(c)(1).
(B) A requirement to make any comprehensive risk assessment, and associated determinations, conducted under paragraph (3) available on the Federal data catalogue established under section 3511(c)(1).
(C) A requirement to make any standard or policy established by the statistical agency or unit to carry out this section and any assessment conducted under this section easily accessible on the public website of such agency or unit.
(c) Responsibilities of the Director.— The Director shall—
(1) make public all standards and policies established under this section; and
(2) ensure that statistical agencies and units have the ability to make information public on the Federal data catalogue established under section 3511(c)(1), in accordance with requirements established pursuant to subsection (b).
(Added Pub. L. 115435, title III, § 303(a), Jan. 14, 2019, 132 Stat. 5554.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.
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# 44 U.S.C. § 3583 - Application to access data assets for developing evidence
## Text
(a) Standard Application Process.— The Director shall establish a process through which agencies, the Congressional Budget Office, State, local, and Tribal governments, researchers, and other individuals, as appropriate, may apply to access the data assets accessed or acquired under this subchapter by a statistical agency or unit for purposes of developing evidence. The process shall include the following:
(1) Sufficient detail to ensure that each statistical agency or unit establishes an identical process.
(2) A common application form.
(3) Criteria for statistical agencies and units to determine whether to grant an applicant access to a data asset.
(4) Timeframes for prompt determinations by each statistical agency or unit.
(5) An appeals process for adverse decisions and noncompliance with the process established under this subsection.
(6) Standards for transparency, including requirements to make the following information publicly available:
(A) Each application received.
(B) The status of each application.
(C) The determination made for each application.
(D) Any other information, as appropriate, to ensure full transparency of the process established under this subsection.
(b) Consultation.— In establishing the process required under subsection (a), the Director shall consult with stakeholders, including the public, agencies, State and local governments, and representatives of non-governmental researchers.
(c) Implementation.— The head of each statistical agency or unit shall implement the process established under subsection (a).
(Added Pub. L. 115435, title III, § 303(a), Jan. 14, 2019, 132 Stat. 5555.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.