§ 3501. Purposes

§ 3501. Purposes

(1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government;

(2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government;

(3) coordinate, integrate, and to the extent practicable and appropriate, make uniform Federal information resources management policies and practices as a means to improve the productivity, efficiency, and effectiveness of Government programs, including the reduction of information collection burdens on the public and the improvement of service delivery to the public;

(4) improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society;

(5) minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information;

(6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government;

(7) provide for the dissemination of public information on a timely basis, on equitable terms, and in a manner that promotes the utility of the information to the public and makes effective use of information technology;

(8) ensure that the creation, collection, maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent with applicable laws, including laws relating to—

(A) privacy and confidentiality, including section 552a of title 5;

(B) security of information, including section 11332 of title 40 11 See References in Text note below. ; and

(C) access to information, including section 552 of title 5;

(9) ensure the integrity, quality, and utility of the Federal statistical system;

(10) ensure that information technology is acquired, used, and managed to improve performance of agency missions, including the reduction of information collection burdens on the public; and

(11) improve the responsibility and accountability of the Office of Management and Budget and all other Federal agencies to Congress and to the public for implementing the information collection review process, information resources management, and related policies and guidelines established under this subchapter.

(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163; amended [Pub. L. 106–398, § 1 [div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–217, § 3(l)(3), Aug. 21, 2002, 116 Stat. 1301.)

Editorial Notes

References in Text

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

Prior Provisions

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

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

Amendments

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.

Effective Date

Pub. L. 104–13, § 4, May 22, 1995, 109 Stat. 185, provided that: “(a) In General.—Except as otherwise provided in this section, this Act [enacting this chapter, amending section 91 of Title 13, Census, and enacting provisions set out as a note under section 101 of this title] and the amendments made by this Act shall take effect on October 1, 1995. “(b) Authorization of Appropriations.—Section 3520 [now 3521] of title 44, United States Code, as amended by this Act, shall take effect on the date of enactment of this Act [May 22, 1995]. “(c) Delayed Application.—In the case of a collection of information for which there is in effect on September 30, 1995, a control number issued by the Office of Management and Budget under chapter 35 of title 44, United States Code—“(1) the amendments made by this Act [enacting this chapter and amending section 91 of Title 13] shall apply to the collection of information beginning on the earlier of—“(A) the first renewal or modification of that collection of information after September 30, 1995; or “(B) the expiration of its control number after September 30, 1995. “(2) prior to such renewal, modification, or expiration, the collection of information shall be subject to chapter 35 of title 44, United States Code, as in effect on September 30, 1995.”

Short Title

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

Source Code Harmonization And Reuse in Information Technology

Pub. L. 118–187, Dec. 23, 2024, 138 Stat. 2638, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Source code Harmonization And Reuse in Information Technology Act’ or the ‘SHARE IT Act’. “SEC. 2. DEFINITIONS.“In this Act:“(1) Agency.—The term ‘agency’ has the meaning given that term in section 3502 of title 44, United States Code. “(2) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. “(3) Custom-developed code.—The term ‘custom-developed code’—“(A) means source code that is—“(i) produced in the performance of a contract with an agency or is otherwise exclusively funded by the Federal Government; or “(ii) developed by a Federal employee as part of the official duties of the employee; “(B) includes—“(i) source code, or segregable portions of source code, for which the Federal Government could obtain unlimited rights under part 27 of the Federal Acquisition Regulation or any relevant supplemental acquisition regulations of an agency; and “(ii) source code written for a software project, module, plugin, script, middleware, or application programming interface; and “(C) does not include—“(i) source code that is solely exploratory or disposable in nature, including source code written by a developer experimenting with a new language or library; or “(ii) commercial computer software, commercial off-the-shelf software, or configuration scripts for such software. “(4) Federal employee.—The term ‘Federal employee’ has the meaning given the term in section 2105(a) of title 5, United States Code. “(5) Metadata.—The term ‘metadata’, with respect to custom-developed code—“(A) has the meaning given that term in section 3502 of title 44, United States Code; and “(B) includes—“(i) information on whether the custom-developed code was— “(I) produced pursuant to a contract; or “(II) shared in a public or private repository; “(ii) any contract number under which the custom-developed code was produced; and “(iii) any hyperlink to the repository in such [sic] the code was shared. “(6) Private repository.—The term ‘private repository’ means a software storage location—“(A) that contains source code, documentation, configuration scripts, as appropriate, revision history, and other files; and “(B) access to which is restricted to only authorized users. “(7) Public repository.—The term ‘public repository’ means a software storage location—“(A) that contains source code, documentation, configuration scripts, as appropriate, revision history, and other files; and “(B) access to which is open to the public. “(8) Software.—The term ‘software’ has the meaning given the term ‘computer software’ in section 2.101 of title 48, Code of Federal Regulations, or any successor regulation. “(9) Source code.—The term ‘source code’ means a collection of computer commands written in a computer programming language that a computer can execute as a piece of software. “SEC. 3. SOFTWARE REUSE.“(a) Sharing.—Not later than 210 days after the date of enactment of this Act [Dec. 23, 2024], the head of each agency shall ensure that the custom-developed code of the agency and other key technical components of the code (including documentation, data models, schemas, metadata, architecture designs, configuration scripts, and artifacts required to develop, build, test, and deploy the code) of the code [sic] are—“(1) stored at not less than 1 public repository or private repository; “(2) accessible to Federal employees via procedures developed under subsection (d)(1)(A)(ii)(III); and “(3) owned by the agency. “(b) Software Reuse Rights in Procurement Contracts.—The head of an agency that enters into a contract for the custom development of software shall acquire and exercise rights sufficient to enable the governmentwide access to, sharing of, use of, and modification of any custom-developed code created in the development of such software. “(c) Discovery.—Not later than 210 days after the date of enactment of this Act, the head of each agency shall make metadata created on or after such date for the custom-developed code of the agency publicly accessible. “(d) Accountability Mechanisms.—“(1) Agency cios.—Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of each agency, in consultation with the Chief Acquisition Officer, or similar official, of the agency and the Administrator of the Office of Electronic Government, shall develop an agency-wide policy that—“(A) implements the requirements of this Act, including—“(i) ensuring that custom-developed code follows the best practices established by the Director of the Office and Management and Budget under paragraph (3) for operating repositories and version control systems to keep track of changes and to facilitate collaboration among multiple developers; and “(ii) managing the sharing of custom-developed code under subsection (b), and the public accessibility of metadata under subsection (c), including developing— “(I) procedures to determine whether any custom-developed code meets the conditions under section 4(b) for an exemption under this Act; “(II) procedures for making metadata for custom-developed code publicly accessible pursuant to subsection (c); “(III) procedures for Federal employees to gain access to public repositories and private repositories that contain custom developed source code; and “(IV) standardized reporting practices across the agency to capture key information relating to a contract under which custom-developed source code was produced for reporting statistics about the contract; and “(B) corrects or amends any policies of the agency that are inconsistent with the requirements of this Act. “(2) Administrator of the office of electronic government.—“(A) Minimum standard reporting requirements.—Not later than 120 days after the date of enactment of this Act [Dec. 23, 2024], the Administrator of the Office of Electronic Government shall establish minimum standard reporting requirements for the Chief Information Officers of agencies, which shall include information relating to—“(i) measuring the frequency of reuse of code, including access and modification under subsection (b); “(ii) whether the shared code is maintained; “(iii) whether there is a feedback mechanism for improvements to or community development of the shared code; and “(iv) the number and circumstances of all exemptions granted under section 4(a)(2). “(B) Reporting requirement.—“(i) Requirement.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Administrator of the Office of Electronic Government shall publish on a centralized website a report on the implementation of this Act that includes— “(I) a complete list of all exemptions granted under section 4(a)(2); and “(II) information showing whether each agency has updated the acquisition and other policies of the agency to be compliant with this Act. “(ii) Open government data asset.—The report under clause (i) shall be maintained as an open Government data asset (as defined in section 3502 of title 44, United States Code). “(3) Guidance.—The Director of the Office of Management and Budget shall issue guidance, consistent with the purpose of this Act, that establishes best practices and uniform procedures across agencies for the purposes of implementing this subsection. “SEC. 4. EXEMPTIONS.“(a) In General.—“(1) Automatic.—“(A) In general.—This Act shall not apply to classified source code or source code developed primarily for use in a national security system (as defined in section 11103 of title 40, United States Code). “(B) National security.—An exemption from the requirements under section 3 shall apply to classified source code or source code developed—“(i) primarily for use in a national security system (as defined in section 11103 of title 40, United States Code); or “(ii) by an agency, or part of an agency, that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). “(C) Freedom of information act.—An exemption from the requirements under section 3 shall apply to source code the disclosure of which is exempt under section 552(b) of title 5, United States Code (commonly known as the ‘Freedom of Information Act’). “(2) Discretionary.—“(A) Exemption and guidance.—“(i) In general.—The Chief Information Officer of an agency, in consultation with the Federal Privacy Council, or any successor thereto, may exempt from the requirements of section 3 any source code for which a limited exemption described in subparagraph (B) applies. “(ii) Guidance required.—The Federal Privacy Council shall provide guidance to the Chief Information Officer of each agency relating to the limited exemption described in subparagraph (B)(ii) to ensure consistent application of this paragraph across agencies. “(B) Limited exemptions.—The limited exemptions described in this paragraph are the following:“(i) The head of the agency is prohibited from providing the source code to another individual or entity under another Federal law or regulation, including under— “(I) the Export Administration Regulations; “(II) the International Traffic in Arms Regulations; “(III) the regulations of the Transportation Security Administration relating to the protection of Sensitive Security Information; and “(IV) the Federal laws and regulations governing the sharing of classified information not covered by the exemption in paragraph (1). “(ii) The sharing or public accessibility of the source code would create an identifiable risk to the privacy of an individual. “(b) Reports Required.—“(1) Agency reporting.—Not later than December 31 of each year, the Chief Information Officer of an agency shall submit to the Administrator of the Office of Electronic Government a report of the source code of the agency to which an exemption under paragraph (1) or (2) of subsection (a) applied during the fiscal year ending on September 30 of that year with a brief narrative justification of each exemption. “(2) Annual report to congress.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Office of Electronic Government shall submit to the appropriate congressional committees a report on all exemptions granted under paragraph (1) or (2) of subsection (a) by each agency, including a compilation of all information, including the narrative justification, relating to each such exemption. “(3) Form.—The reports under paragraphs (1) and (2) shall be submitted in unclassified form, with a classified annex as appropriate. “SEC. 5. GAO REPORT.“Not later than 2 years after the date of enactment of this Act [Dec. 23, 2024], the Comptroller General of the United States shall submit to Congress a report that includes an assessment of the implementation of this Act. “SEC. 6. RULE OF CONSTRUCTION.“Nothing in this Act may be construed as requiring the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’). “SEC. 7. APPLICATION.“This Act shall apply to custom-developed code that is developed or revised—“(1) by a Federal employee not less than 180 days after the date of enactment of this Act; or “(2) under a contract awarded pursuant to a solicitation issued not less than 180 days after the date of enactment of this Act. “SEC. 8. REVISION OF FEDERAL ACQUISITION REGULATION.“Not later than 1 year after the date of enactment of this Act, the Federal Acquisition Regulation shall be revised as necessary to implement the provisions of this Act. “SEC. 9. NO ADDITIONAL FUNDING.“No additional funds are authorized to be appropriated to carry out this Act.”

Implementation of Technology for Classification and Declassification

Pub. L. 118–31, div. G, title VI, § 7605, Dec. 22, 2023, 137 Stat. 1098, provided that: “(a) In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 22, 2023], the Administrator of the Office of Electronic Government (in this section referred to as the ‘Administrator’) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration—“(1) research a technology-based solutions [sic]—“(A) to support efficient and effective systems for classification and declassification; and “(B) to be implemented on an interoperable and federated basis across the Federal Government; and “(2) submit to the President and Congress, including the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives], the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, recommendations regarding a technology-based solutions [sic] described in paragraph (1). “(b) Report.—Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report describing actions taken to implement the recommendations under subsection (a)(2).”

21st Century Integrated Digital Experience

Pub. L. 115–336, Dec. 20, 2018, 132 Stat. 5025, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘21st Century Integrated Digital Experience Act’ or the ‘21st Century IDEA’. “SEC. 2. DEFINITIONS.“In this Act:“(1) Director.—The term ‘Director’ means the Director of the Office of Management and Budget. “(2) Executive agency.—The term ‘executive agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code. “SEC. 3. WEBSITE MODERNIZATION.“(a) Requirements for New Websites and Digital Services.—Not later than 180 days after the date of enactment of this Act [Dec. 20, 2018], an executive agency that creates a website or digital service that is intended for use by the public, or conducts a redesign of an existing legacy website or digital service that is intended for use by the public, shall ensure to the greatest extent practicable that any new or redesigned website, web-based form, web-based application, or digital service—“(1) is accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); “(2) has a consistent appearance; “(3) does not overlap with or duplicate any legacy websites and, if applicable, ensure that legacy websites are regularly reviewed, eliminated, and consolidated; “(4) contains a search function that allows users to easily search content intended for public use; “(5) is provided through an industry standard secure connection; “(6) is designed around user needs with data-driven analysis influencing management and development decisions, using qualitative and quantitative data to determine user goals, needs, and behaviors, and continually test the website, web-based form, web-based application, or digital service to ensure that user needs are addressed; “(7) provides users of the new or redesigned website, web-based form, web-based application, or digital service with the option for a more customized digital experience that allows users to complete digital transactions in an efficient and accurate manner; and “(8) is fully functional and usable on common mobile devices. “(b) Requirements for Existing Executive Agency Websites and Digital Services.—Not later than 1 year after the date of enactment of this Act, the head of each executive agency that maintains a website or digital service that is made available to the public shall—“(1) review each website or digital service; and “(2) submit to Congress a report that includes—“(A) a list of the websites and digital services maintained by the executive agency that are most viewed or utilized by the public or are otherwise important for public engagement; “(B) from among the websites and digital services listed under subparagraph (A), a prioritization of websites and digital services that require modernization to meet the requirements under subsection (a); and “(C) an estimation of the cost and schedule of modernizing the websites and digital services prioritized under subparagraph (B). “(c) Internal Digital Services.—The head of each executive agency shall ensure, to the greatest extent practicable, that any Intranet established after the date of enactment of this Act conforms to the requirements described in subsection (a). “(d) Public Reporting.—Not later than 1 year after the date of enactment of this Act and every year thereafter for 4 years, the head of each executive agency shall—“(1) report annually to the Director on the progress of the executive agency in implementing the requirements described in this section for the previous year; and “(2) include the information described in paragraph (1) in a publicly available report that is required under another provision of law. “(e) Compliance With United States Website Standards.—Any website of an executive agency that is made available to the public after the date of enactment of this Act shall be in compliance with the website standards of the Technology Transformation Services of the General Services Administration. “SEC. 4. DIGITIZATION OF GOVERNMENT SERVICES AND FORMS.“(a) Non-Digital Services.—Not later than 180 days after the date of enactment of this Act [Dec. 20, 2018], the Director shall issue guidance to the head of each executive agency that establishes a process for the executive agency to—“(1) identify public non-digital, paper-based, or in-person Government services; and “(2) include in the budget request of the executive agency—“(A) a list of non-digital services with the greatest impact that could be made available to the public through an online, mobile-friendly, digital service option in a manner that decreases cost, increases digital conversion rates, and improves customer experience; and “(B) an estimation of the cost and schedule associated with carrying out the modernization described in subparagraph (A). “(b) Services Required To Be Digital.—The head of each executive agency shall regularly review public-facing applications and services to ensure that those applications and services are, to the greatest extent practicable, made available to the public in a digital format. “(c) Forms Required To Be Digital.—Not later than 2 years after the enactment of this Act, the head of each executive agency shall ensure that any paper based form that is related to serving the public is made available in a digital format that meets the requirements described in section 3(a). “(d) Non-Digitizable Processes.—If the head of an executive agency cannot make available in a digital format under this section an in-person Government service, form, or paper-based process, the head of the executive agency shall document—“(1) the title of the in-person Government service, form, or paper-based process; “(2) a description of the in-person Government service, form, or paper-based process; “(3) each unit responsible for the in-person Government service, form, or paper-based process and the location of each unit in the organizational hierarchy of the executive agency; “(4) any reasons why the in-person Government service, form, or paper-based process cannot be made available under this section; and “(5) any potential solutions that could allow the in-person Government service, form, or paper-based process to be made available under this section, including the implementation of existing technologies, procedural changes, regulatory changes, and legislative changes. “(e) Physical Availability.—Each executive agency shall maintain an accessible method of completing digital services through in-person, paper-based, or other means, such that individuals without the ability to use digital services are not deprived of or impeded in access to those digital services. “SEC. 5. ELECTRONIC SIGNATURES.“Not later than 180 days after the date of the enactment of this Act, the head of each executive agency shall submit to the Director and the appropriate congressional committees a plan to accelerate the use of electronic signatures standards established under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.). “SEC. 6. CUSTOMER EXPERIENCE AND DIGITAL SERVICE DELIVERY.“The Chief Information Officer of each executive agency, or a designee, shall—“(1) coordinate and ensure alignment of the internal and external customer experience programs and strategy of the executive agency; “(2) coordinate with the management leaders of the executive agency, including the head of the executive agency, the Chief Financial Officer, and any program manager, to ensure proper funding to support the implementation of this Act; “(3) continually examine the digital service delivery strategy of the executive agency to the public and submit recommendations to the head of the executive agency providing guidance and best practices suitable to the mission of the executive agency; “(4) using qualitative and quantitative data obtained from across the executive agency relating to the experience and satisfaction of customers, identify areas of concern that need improvement and improve the delivery of customer service; “(5) coordinate and ensure, with the approval of the head of the executive agency, compliance by the executive agency with section 3559 of title 44, United States Code; and “(6) to the extent practicable, coordinate with other agencies and seek to maintain as much standardization and commonality with other agencies as practicable in implementing the requirements of this Act, to best enable future transitions to centralized shared services. “SEC. 7. STANDARDIZATION.“(a) Design and Implementation.—Each executive agency shall, to the extent practicable, seek to maintain as much standardization and commonality with other executive agencies as practicable in implementing the requirements of this Act to best enable future transitions to centralized shared services. “(b) Coordination.—The Chief Information Officer of each executive agency, or a designee, shall coordinate the implementation of the requirements of this Act, including the development of standards and commonalities. “(c) Federal Supply Schedule.—“(1) In general.—The General Services Administration shall make available under a Federal Supply Schedule the systems and services necessary to fulfill the requirements of this Act. “(2) Requirements.—The Federal Supply Schedule described in paragraph (1) shall, to the extent practicable, ensure interoperability between executive agencies, compliance with industry standards, and adherence to best practices for design, accessibility, and information security.”

Federal Management and Promotion of Electronic Government Services