[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2458 Enrolled Bill (ENR)]
H.R.2458
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To enhance the management and promotion of electronic Government
services and processes by establishing a Federal Chief Information
Officer within the Office of Management and Budget, and by establishing
a broad framework of measures that require using Internet-based
information technology to enhance citizen access to Government
information and services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``E-Government Act
of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES

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TITLE II

-FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT

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State and local governments through Federal supply schedules.

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Subtitle A--Confidential Information Protection

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TITLE V

-CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY

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(a) Findings.--Congress finds the following:
(1) The use of computers and the Internet is rapidly
transforming societal interactions and the relationships among
citizens, private businesses, and the Government.
(2) The Federal Government has had uneven success in applying
advances in information technology to enhance governmental
functions and services, achieve more efficient performance,
increase access to Government information, and increase citizen
participation in Government.
(3) Most Internet-based services of the Federal Government are
developed and presented separately, according to the jurisdictional
boundaries of an individual department or agency, rather than being
integrated cooperatively according to function or topic.
(4) Internet-based Government services involving interagency
cooperation are especially difficult to develop and promote, in
part because of a lack of sufficient funding mechanisms to support
such interagency cooperation.
(5) Electronic Government has its impact through improved
Government performance and outcomes within and across agencies.
(6) Electronic Government is a critical element in the
management of Government, to be implemented as part of a management
framework that also addresses finance, procurement, human capital,
and other challenges to improve the performance of Government.
(7) To take full advantage of the improved Government
performance that can be achieved through the use of Internet-based
technology requires strong leadership, better organization,
improved interagency collaboration, and more focused oversight of
agency compliance with statutes related to information resource
management.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide effective leadership of Federal Government
efforts to develop and promote electronic Government services and
processes by establishing an Administrator of a new Office of
Electronic Government within the Office of Management and Budget.
(2) To promote use of the Internet and other information
technologies to provide increased opportunities for citizen
participation in Government.
(3) To promote interagency collaboration in providing
electronic Government services, where this collaboration would
improve the service to citizens by integrating related functions,
and in the use of internal electronic Government processes, where
this collaboration would improve the efficiency and effectiveness
of the processes.
(4) To improve the ability of the Government to achieve agency
missions and program performance goals.
(5) To promote the use of the Internet and emerging
technologies within and across Government agencies to provide
citizen-centric Government information and services.
(6) To reduce costs and burdens for businesses and other
Government entities.
(7) To promote better informed decisionmaking by policy makers.
(8) To promote access to high quality Government information
and services across multiple channels.
(9) To make the Federal Government more transparent and
accountable.
(10) To transform agency operations by utilizing, where
appropriate, best practices from public and private sector
organizations.
(11) To provide enhanced access to Government information and
services in a manner consistent with laws regarding protection of
personal privacy, national security, records retention, access for
persons with disabilities, and other relevant laws.

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(a) Electronic Government and Information Technologies.--
(1) In general.--Chapter 3 of title 40, United States Code, is
amended by inserting after section 304 the following new section:
``Sec. 305. Electronic Government and information technologies
``The Administrator of General Services shall consult with the
Administrator of the Office of Electronic Government on programs
undertaken by the General Services Administration to promote electronic
Government and the efficient use of information technologies by Federal
agencies.''.
(2) Technical and conforming amendment.--The table of sections
for chapter 3 of such title is amended by inserting after the item
relating to section 304 the following:
``305. Electronic Government and information technologies.''.
(b) Modification of Deputy Director for Management Functions.--
Section 503(b) of title 31, United States Code, is amended--
(1) by redesignating paragraphs (5), (6), (7), (8), and (9), as
paragraphs (6), (7), (8), (9), and (10), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) Chair the Chief Information Officers Council established
under section 3603 of title 44.''.
(c) Office of Electronic Government.--
(1) In general.--Chapter 5 of title 31, United States Code, is
amended by inserting after section 506 the following:
``Sec. 507. Office of Electronic Government
``The Office of Electronic Government, established under section
3602 of title 44, is an office in the Office of Management and
Budget.''.
(2) Technical and conforming amendment.--The table of sections
for chapter 5 of title 31, United States Code, is amended by
inserting after the item relating to section 506 the following:
``507. Office of Electronic Government.''.
SERVICES

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

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(a) In General.--The head of each agency shall be responsible for--
(1) complying with the requirements of this Act (including the
amendments made by this Act), the related information resource
management policies and guidance established by the Director of the
Office of Management and Budget, and the related information
technology standards promulgated by the Secretary of Commerce;
(2) ensuring that the information resource management policies
and guidance established under this Act by the Director, and the
related information technology standards promulgated by the
Secretary of Commerce are communicated promptly and effectively to
all relevant officials within their agency; and
(3) supporting the efforts of the Director and the
Administrator of the General Services Administration to develop,
maintain, and promote an integrated Internet-based system of
delivering Federal Government information and services to the
public under section 204.
(b) Performance Integration.--
(1) Agencies shall develop performance measures that
demonstrate how electronic government enables progress toward
agency objectives, strategic goals, and statutory mandates.
(2) In measuring performance under this section, agencies shall
rely on existing data collections to the extent practicable.
(3) Areas of performance measurement that agencies should
consider include--
(A) customer service;
(B) agency productivity; and
(C) adoption of innovative information technology,
including the appropriate use of commercial best practices.
(4) Agencies shall link their performance goals, as
appropriate, to key groups, including citizens, businesses, and
other governments, and to internal Federal Government operations.
(5) As appropriate, agencies shall work collectively in linking
their performance goals to groups identified under paragraph (4)
and shall use information technology in delivering Government
information and services to those groups.
(c) Avoiding Diminished Access.--When promulgating policies and
implementing programs regarding the provision of Government information
and services over the Internet, agency heads shall consider the impact
on persons without access to the Internet, and shall, to the extent
practicable--
(1) ensure that the availability of Government information and
services has not been diminished for individuals who lack access to
the Internet; and
(2) pursue alternate modes of delivery that make Government
information and services more accessible to individuals who do not
own computers or lack access to the Internet.
(d) Accessibility to People With Disabilities.--All actions taken
by Federal departments and agencies under this Act shall be in
compliance with section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
(e) Sponsored Activities.--Agencies shall sponsor activities that
use information technology to engage the public in the development and
implementation of policies and programs.
(f) Chief Information Officers.--The Chief Information Officer of
each of the agencies designated under chapter 36 of title 44, United
States Code (as added by this Act) shall be responsible for--
(1) participating in the functions of the Chief Information
Officers Council; and
(2) monitoring the implementation, within their respective
agencies, of information technology standards promulgated by the
Secretary of Commerce, including common standards for
interconnectivity and interoperability, categorization of Federal
Government electronic information, and computer system efficiency
and security.
(g) E-Government Status Report.--
(1) In general.--Each agency shall compile and submit to the
Director an annual E-Government Status Report on--
(A) the status of the implementation by the agency of
electronic government initiatives;
(B) compliance by the agency with this Act; and
(C) how electronic Government initiatives of the agency
improve performance in delivering programs to constituencies.
(2) Submission.--Each agency shall submit an annual report
under this subsection--
(A) to the Director at such time and in such manner as the
Director requires;
(B) consistent with related reporting requirements; and
(C) which addresses any section in this title relevant to
that agency.
(h) Use of Technology.--Nothing in this Act supersedes the
responsibility of an agency to use or manage information technology to
deliver Government information and services that fulfill the statutory
mission and programs of the agency.
(i) National Security Systems.--
(1) Inapplicability.--Except as provided under paragraph (2),
this title does not apply to national security systems as defined
in section 11103 of title 40, United States Code.
(2) Applicability.--This section, section 203, and section 214
do apply to national security systems to the extent practicable and
consistent with law.

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ACCEPTANCE OF ELECTRONIC SIGNATURES.
(a) Purpose.--The purpose of this section is to achieve
interoperable implementation of electronic signatures for appropriately
secure electronic transactions with Government.
(b) Electronic Signatures.--In order to fulfill the objectives of
the Government Paperwork Elimination Act (Public Law 105-277; 112 Stat.
2681-749 through 2681-751), each Executive agency (as defined under
section 105 of title 5, United States Code) shall ensure that its
methods for use and acceptance of electronic signatures are compatible
with the relevant policies and procedures issued by the Director.
(c) Authority for Electronic Signatures.--The Administrator of
General Services shall support the Director by establishing a framework
to allow efficient interoperability among Executive agencies when using
electronic signatures, including processing of digital signatures.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the General Services Administration, to ensure the
development and operation of a Federal bridge certification authority
for digital signature compatibility, and for other activities
consistent with this section, $8,000,000 or such sums as are necessary
in fiscal year 2003, and such sums as are necessary for each fiscal
year thereafter.

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(a) In General.--
(1) Public access.--The Director shall work with the
Administrator of the General Services Administration and other
agencies to maintain and promote an integrated Internet-based
system of providing the public with access to Government
information and services.
(2) Criteria.--To the extent practicable, the integrated system
shall be designed and operated according to the following criteria:
(A) The provision of Internet-based Government information
and services directed to key groups, including citizens,
business, and other governments, and integrated according to
function or topic rather than separated according to the
boundaries of agency jurisdiction.
(B) An ongoing effort to ensure that Internet-based
Government services relevant to a given citizen activity are
available from a single point.
(C) Access to Federal Government information and services
consolidated, as appropriate, with Internet-based information
and services provided by State, local, and tribal governments.
(D) Access to Federal Government information held by 1 or
more agencies shall be made available in a manner that protects
privacy, consistent with law.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the General Services Administration $15,000,000 for the
maintenance, improvement, and promotion of the integrated Internet-
based system for fiscal year 2003, and such sums as are necessary for
fiscal years 2004 through 2007.

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(a) Individual Court Websites.--The Chief Justice of the United
States, the chief judge of each circuit and district and of the Court
of Federal Claims, and the chief bankruptcy judge of each district
shall cause to be established and maintained, for the court of which
the judge is chief justice or judge, a website that contains the
following information or links to websites with the following
information:
(1) Location and contact information for the courthouse,
including the telephone numbers and contact names for the clerk's
office and justices' or judges' chambers.
(2) Local rules and standing or general orders of the court.
(3) Individual rules, if in existence, of each justice or judge
in that court.
(4) Access to docket information for each case.
(5) Access to the substance of all written opinions issued by
the court, regardless of whether such opinions are to be published
in the official court reporter, in a text searchable format.
(6) Access to documents filed with the courthouse in electronic
form, to the extent provided under subsection (c).
(7) Any other information (including forms in a format that can
be downloaded) that the court determines useful to the public.
(b) Maintenance of Data Online.--
(1) Update of information.--The information and rules on each
website shall be updated regularly and kept reasonably current.
(2) Closed cases.--Electronic files and docket information for
cases closed for more than 1 year are not required to be made
available online, except all written opinions with a date of
issuance after the effective date of this section shall remain
available online.
(c) Electronic Filings.--
(1) In general.--Except as provided under paragraph (2) or in
the rules prescribed under paragraph (3), each court shall make any
document that is filed electronically publicly available online. A
court may convert any document that is filed in paper form to
electronic form. To the extent such conversions are made, all such
electronic versions of the document shall be made available online.
(2) Exceptions.--Documents that are filed that are not
otherwise available to the public, such as documents filed under
seal, shall not be made available online.
(3) Privacy and security concerns.--(A)(i) The Supreme Court
shall prescribe rules, in accordance with sections 2072 and 2075 of
title 28, United States Code, to protect privacy and security
concerns relating to electronic filing of documents and the public
availability under this subsection of documents filed
electronically.
(ii) Such rules shall provide to the extent practicable for
uniform treatment of privacy and security issues throughout the
Federal courts.
(iii) Such rules shall take into consideration best practices
in Federal and State courts to protect private information or
otherwise maintain necessary information security.
(iv) To the extent that such rules provide for the redaction of
certain categories of information in order to protect privacy and
security concerns, such rules shall provide that a party that
wishes to file an otherwise proper document containing such
information may file an unredacted document under seal, which shall
be retained by the court as part of the record, and which, at the
discretion of the court and subject to any applicable rules issued
in accordance with chapter 131 of title 28, United States Code,
shall be either in lieu of, or in addition, to, a redacted copy in
the public file.
(B)(i) Subject to clause (ii), the Judicial Conference of the
United States may issue interim rules, and interpretive statements
relating to the application of such rules, which conform to the
requirements of this paragraph and which shall cease to have effect
upon the effective date of the rules required under subparagraph
(A).
(ii) Pending issuance of the rules required under subparagraph
(A), any rule or order of any court, or of the Judicial Conference,
providing for the redaction of certain categories of information in
order to protect privacy and security concerns arising from
electronic filing shall comply with, and be construed in conformity
with, subparagraph (A)(iv).
(C) Not later than 1 year after the rules prescribed under
subparagraph (A) take effect, and every 2 years thereafter, the
Judicial Conference shall submit to Congress a report on the
adequacy of those rules to protect privacy and security.
(d) Dockets With Links to Documents.--The Judicial Conference of
the United States shall explore the feasibility of technology to post
online dockets with links allowing all filings, decisions, and rulings
in each case to be obtained from the docket sheet of that case.
(e) Cost of Providing Electronic Docketing Information.--Section
303(a) of the Judiciary Appropriations Act, 1992 (28 U.S.C. 1913 note)
is amended in the first sentence by striking ``shall hereafter'' and
inserting ``may, only to the extent necessary,''.
(f) Time Requirements.--Not later than 2 years after the effective
date of this title, the websites under subsection (a) shall be
established, except that access to documents filed in electronic form
shall be established not later than 4 years after that effective date.
(g) Deferral.--
(1) In general.--
(A) Election.--
(i) Notification.--The Chief Justice of the United
States, a chief judge, or chief bankruptcy judge may submit
a notification to the Administrative Office of the United
States Courts to defer compliance with any requirement of
this section with respect to the Supreme Court, a court of
appeals, district, or the bankruptcy court of a district.
(ii) Contents.--A notification submitted under this
subparagraph shall state--
(I) the reasons for the deferral; and
(II) the online methods, if any, or any alternative
methods, such court or district is using to provide
greater public access to information.
(B) Exception.--To the extent that the Supreme Court, a
court of appeals, district, or bankruptcy court of a district
maintains a website under subsection (a), the Supreme Court or
that court of appeals or district shall comply with subsection
(b)(1).
(2) Report.--Not later than 1 year after the effective date of
this title, and every year thereafter, the Judicial Conference of
the United States shall submit a report to the Committees on
Governmental Affairs and the Judiciary of the Senate and the
Committees on Government Reform and the Judiciary of the House of
Representatives that--
(A) contains all notifications submitted to the
Administrative Office of the United States Courts under this
subsection; and
(B) summarizes and evaluates all notifications.

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(a) Purposes.--The purposes of this section are to--
(1) improve performance in the development and issuance of
agency regulations by using information technology to increase
access, accountability, and transparency; and
(2) enhance public participation in Government by electronic
means, consistent with requirements under subchapter II of chapter
5 of title 5, United States Code, (commonly referred to as the
``Administrative Procedures Act'').
(b) Information Provided by Agencies Online.--To the extent
practicable as determined by the agency in consultation with the
Director, each agency (as defined under section 551 of title 5, United
States Code) shall ensure that a publicly accessible Federal Government
website includes all information about that agency required to be
published in the Federal Register under paragraphs (1) and (2) of
section 552(a) of title 5, United States Code.
(c) Submissions by Electronic Means.--To the extent practicable,
agencies shall accept submissions under section 553(c) of title 5,
United States Code, by electronic means.
(d) Electronic Docketing.--
(1) In general.--To the extent practicable, as determined by
the agency in consultation with the Director, agencies shall ensure
that a publicly accessible Federal Government website contains
electronic dockets for rulemakings under section 553 of title 5,
United States Code.
(2) Information available.--Agency electronic dockets shall
make publicly available online to the extent practicable, as
determined by the agency in consultation with the Director--
(A) all submissions under section 553(c) of title 5, United
States Code; and
(B) other materials that by agency rule or practice are
included in the rulemaking docket under section 553(c) of title
5, United States Code, whether or not submitted electronically.
(e) Time Limitation.--Agencies shall implement the requirements of
this section consistent with a timetable established by the Director
and reported to Congress in the first annual report under section 3606
of title 44 (as added by this Act).

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INFORMATION.
(a) Purpose.--The purpose of this section is to improve the methods
by which Government information, including information on the Internet,
is organized, preserved, and made accessible to the public.
(b) Definitions.--In this section, the term--
(1) ``Committee'' means the Interagency Committee on Government
Information established under subsection (c); and
(2) ``directory'' means a taxonomy of subjects linked to
websites that--
(A) organizes Government information on the Internet
according to subject matter; and
(B) may be created with the participation of human editors.
(c) Interagency Committee.--
(1) Establishment.--Not later than 180 days after the date of
enactment of this title, the Director shall establish the
Interagency Committee on Government Information.
(2) Membership.--The Committee shall be chaired by the Director
or the designee of the Director and--
(A) shall include representatives from--
(i) the National Archives and Records Administration;
(ii) the offices of the Chief Information Officers from
Federal agencies; and
(iii) other relevant officers from the executive
branch; and
(B) may include representatives from the Federal
legislative and judicial branches.
(3) Functions.--The Committee shall--
(A) engage in public consultation to the maximum extent
feasible, including consultation with interested communities
such as public advocacy organizations;
(B) conduct studies and submit recommendations, as provided
under this section, to the Director and Congress; and
(C) share effective practices for access to, dissemination
of, and retention of Federal information.
(4) Termination.--The Committee may be terminated on a date
determined by the Director, except the Committee may not terminate
before the Committee submits all recommendations required under
this section.
(d) Categorizing of Information.--
(1) Committee functions.--Not later than 2 years after the date
of enactment of this Act, the Committee shall submit
recommendations to the Director on--
(A) the adoption of standards, which are open to the
maximum extent feasible, to enable the organization and
categorization of Government information--
(i) in a way that is searchable electronically,
including by searchable identifiers; and
(ii) in ways that are interoperable across agencies;
(B) the definition of categories of Government information
which should be classified under the standards; and
(C) determining priorities and developing schedules for the
initial implementation of the standards by agencies.
(2) Functions of the director.--Not later than 1 year after the
submission of recommendations under paragraph (1), the Director
shall issue policies--
(A) requiring that agencies use standards, which are open
to the maximum extent feasible, to enable the organization and
categorization of Government information--
(i) in a way that is searchable electronically,
including by searchable identifiers;
(ii) in ways that are interoperable across agencies;
and
(iii) that are, as appropriate, consistent with the
provisions under section 3602(f)(8) of title 44, United
States Code;
(B) defining categories of Government information which
shall be required to be classified under the standards; and
(C) determining priorities and developing schedules for the
initial implementation of the standards by agencies.
(3) Modification of policies.--After the submission of agency
reports under paragraph (4), the Director shall modify the
policies, as needed, in consultation with the Committee and
interested parties.
(4) Agency functions.--Each agency shall report annually to the
Director, in the report established under section 202(g), on
compliance of that agency with the policies issued under paragraph
(2)(A).
(e) Public Access to Electronic Information.--
(1) Committee functions.--Not later than 2 years after the date
of enactment of this Act, the Committee shall submit
recommendations to the Director and the Archivist of the United
States on--
(A) the adoption by agencies of policies and procedures to
ensure that chapters 21, 25, 27, 29, and 31 of title 44, United
States Code, are applied effectively and comprehensively to
Government information on the Internet and to other electronic
records; and
(B) the imposition of timetables for the implementation of
the policies and procedures by agencies.
(2) Functions of the archivist.--Not later than 1 year after
the submission of recommendations by the Committee under paragraph
(1), the Archivist of the United States shall issue policies--
(A) requiring the adoption by agencies of policies and
procedures to ensure that chapters 21, 25, 27, 29, and 31 of
title 44, United States Code, are applied effectively and
comprehensively to Government information on the Internet and
to other electronic records; and
(B) imposing timetables for the implementation of the
policies, procedures, and technologies by agencies.
(3) Modification of policies.--After the submission of agency
reports under paragraph (4), the Archivist of the United States
shall modify the policies, as needed, in consultation with the
Committee and interested parties.
(4) Agency functions.--Each agency shall report annually to the
Director, in the report established under section 202(g), on
compliance of that agency with the policies issued under paragraph
(2)(A).
(f) Agency Websites.--
(1) Standards for agency websites.--Not later than 2 years
after the effective date of this title, the Director shall
promulgate guidance for agency websites that includes--
(A) requirements that websites include direct links to--
(i) descriptions of the mission and statutory authority
of the agency;
(ii) information made available to the public under
subsections (a)(1) and (b) of section 552 of title 5,
United States Code (commonly referred to as the ``Freedom
of Information Act'');
(iii) information about the organizational structure of
the agency; and
(iv) the strategic plan of the agency developed under
section 306 of title 5, United States Code; and
(B) minimum agency goals to assist public users to navigate
agency websites, including--
(i) speed of retrieval of search results;
(ii) the relevance of the results;
(iii) tools to aggregate and disaggregate data; and
(iv) security protocols to protect information.
(2) Agency requirements.--(A) Not later than 2 years after the
date of enactment of this Act, each agency shall--
(i) consult with the Committee and solicit public comment;
(ii) establish a process for determining which Government
information the agency intends to make available and accessible
to the public on the Internet and by other means;
(iii) develop priorities and schedules for making
Government information available and accessible;
(iv) make such final determinations, priorities, and
schedules available for public comment;
(v) post such final determinations, priorities, and
schedules on the Internet; and
(vi) submit such final determinations, priorities, and
schedules to the Director, in the report established under
section 202(g).
(B) Each agency shall update determinations, priorities, and
schedules of the agency, as needed, after consulting with the
Committee and soliciting public comment, if appropriate.
(3) Public domain directory of public federal government
websites.--
(A) Establishment.--Not later than 2 years after the
effective date of this title, the Director and each agency
shall--
(i) develop and establish a public domain directory of
public Federal Government websites; and
(ii) post the directory on the Internet with a link to
the integrated Internet-based system established under
section 204.
(B) Development.--With the assistance of each agency, the
Director shall--
(i) direct the development of the directory through a
collaborative effort, including input from--
(I) agency librarians;
(II) information technology managers;
(III) program managers;
(IV) records managers;
(V) Federal depository librarians; and
(VI) other interested parties; and
(ii) develop a public domain taxonomy of subjects used
to review and categorize public Federal Government
websites.
(C) Update.--With the assistance of each agency, the
Administrator of the Office of Electronic Government shall--
(i) update the directory as necessary, but not less
than every 6 months; and
(ii) solicit interested persons for improvements to the
directory.
(g) Access to Federally Funded Research and Development.--
(1) Development and maintenance of governmentwide repository
and website.--
(A) Repository and website.--The Director of the Office of
Management and Budget (or the Director's delegate), in
consultation with the Director of the Office of Science and
Technology Policy and other relevant agencies, shall ensure the
development and maintenance of--
(i) a repository that fully integrates, to the maximum
extent feasible, information about research and development
funded by the Federal Government, and the repository
shall--
(I) include information about research and
development funded by the Federal Government,
consistent with any relevant protections for the
information under section 552 of title 5, United States
Code, and performed by--
(aa) institutions not a part of the Federal
Government, including State, local, and foreign
governments; industrial firms; educational
institutions; not-for-profit organizations;
federally funded research and development centers;
and private individuals; and
(bb) entities of the Federal Government,
including research and development laboratories,
centers, and offices; and
(II) integrate information about each separate
research and development task or award, including--
(aa) the dates upon which the task or award is
expected to start and end;
(bb) a brief summary describing the objective
and the scientific and technical focus of the task
or award;
(cc) the entity or institution performing the
task or award and its contact information;
(dd) the total amount of Federal funds expected
to be provided to the task or award over its
lifetime and the amount of funds expected to be
provided in each fiscal year in which the work of
the task or award is ongoing;
(ee) any restrictions attached to the task or
award that would prevent the sharing with the
general public of any or all of the information
required by this subsection, and the reasons for
such restrictions; and
(ff) such other information as may be
determined to be appropriate; and
(ii) 1 or more websites upon which all or part of the
repository of Federal research and development shall be
made available to and searchable by Federal agencies and
non-Federal entities, including the general public, to
facilitate--
(I) the coordination of Federal research and
development activities;
(II) collaboration among those conducting Federal
research and development;
(III) the transfer of technology among Federal
agencies and between Federal agencies and non-Federal
entities; and
(IV) access by policymakers and the public to
information concerning Federal research and development
activities.
(B) Oversight.--The Director of the Office of Management
and Budget shall issue any guidance determined necessary to
ensure that agencies provide all information requested under
this subsection.
(2) Agency functions.--Any agency that funds Federal research
and development under this subsection shall provide the information
required to populate the repository in the manner prescribed by the
Director of the Office of Management and Budget.
(3) Committee functions.--Not later than 18 months after the
date of enactment of this Act, working with the Director of the
Office of Science and Technology Policy, and after consultation
with interested parties, the Committee shall submit recommendations
to the Director on--
(A) policies to improve agency reporting of information for
the repository established under this subsection; and
(B) policies to improve dissemination of the results of
research performed by Federal agencies and federally funded
research and development centers.
(4) Functions of the director.--After submission of
recommendations by the Committee under paragraph (3), the Director
shall report on the recommendations of the Committee and Director
to Congress, in the E-Government report under section 3606 of title
44 (as added by this Act).
(5) Authorization of appropriations.--There are authorized to
be appropriated for the development, maintenance, and operation of
the Governmentwide repository and website under this subsection--
(A) $2,000,000 in each of the fiscal years 2003 through
2005; and
(B) such sums as are necessary in each of the fiscal years
2006 and 2007.

d07ff7fa2cdcb9c164c856de3690d33068a2ae7eb20a9aae6da263cd7d80af0e

(a) Purpose.--The purpose of this section is to ensure sufficient
protections for the privacy of personal information as agencies
implement citizen-centered electronic Government.
(b) Privacy Impact Assessments.--
(1) Responsibilities of agencies.--
(A) In general.--An agency shall take actions described
under subparagraph (B) before--
(i) developing or procuring information technology that
collects, maintains, or disseminates information that is in
an identifiable form; or
(ii) initiating a new collection of information that--
(I) will be collected, maintained, or disseminated
using information technology; and
(II) includes any information in an identifiable
form permitting the physical or online contacting of a
specific individual, if identical questions have been
posed to, or identical reporting requirements imposed
on, 10 or more persons, other than agencies,
instrumentalities, or employees of the Federal
Government.
(B) Agency activities.--To the extent required under
subparagraph (A), each agency shall--
(i) conduct a privacy impact assessment;
(ii) ensure the review of the privacy impact assessment
by the Chief Information Officer, or equivalent official,
as determined by the head of the agency; and
(iii) if practicable, after completion of the review
under clause (ii), make the privacy impact assessment
publicly available through the website of the agency,
publication in the Federal Register, or other means.
(C) Sensitive information.--Subparagraph (B)(iii) may be
modified or waived for security reasons, or to protect
classified, sensitive, or private information contained in an
assessment.
(D) Copy to director.--Agencies shall provide the Director
with a copy of the privacy impact assessment for each system
for which funding is requested.
(2) Contents of a privacy impact assessment.--
(A) In general.--The Director shall issue guidance to
agencies specifying the required contents of a privacy impact
assessment.
(B) Guidance.--The guidance shall--
(i) ensure that a privacy impact assessment is
commensurate with the size of the information system being
assessed, the sensitivity of information that is in an
identifiable form in that system, and the risk of harm from
unauthorized release of that information; and
(ii) require that a privacy impact assessment address--
(I) what information is to be collected;
(II) why the information is being collected;
(III) the intended use of the agency of the
information;
(IV) with whom the information will be shared;
(V) what notice or opportunities for consent would
be provided to individuals regarding what information
is collected and how that information is shared;
(VI) how the information will be secured; and
(VII) whether a system of records is being created
under section 552a of title 5, United States Code,
(commonly referred to as the ``Privacy Act'').
(3) Responsibilities of the director.--The Director shall--
(A) develop policies and guidelines for agencies on the
conduct of privacy impact assessments;
(B) oversee the implementation of the privacy impact
assessment process throughout the Government; and
(C) require agencies to conduct privacy impact assessments
of existing information systems or ongoing collections of
information that is in an identifiable form as the Director
determines appropriate.
(c) Privacy Protections on Agency Websites.--
(1) Privacy policies on websites.--
(A) Guidelines for notices.--The Director shall develop
guidance for privacy notices on agency websites used by the
public.
(B) Contents.--The guidance shall require that a privacy
notice address, consistent with section 552a of title 5, United
States Code--
(i) what information is to be collected;
(ii) why the information is being collected;
(iii) the intended use of the agency of the
information;
(iv) with whom the information will be shared;
(v) what notice or opportunities for consent would be
provided to individuals regarding what information is
collected and how that information is shared;
(vi) how the information will be secured; and
(vii) the rights of the individual under section 552a
of title 5, United States Code (commonly referred to as the
``Privacy Act''), and other laws relevant to the protection
of the privacy of an individual.
(2) Privacy policies in machine-readable formats.--The Director
shall issue guidance requiring agencies to translate privacy
policies into a standardized machine-readable format.
(d) Definition.--In this section, the term ``identifiable form''
means any representation of information that permits the identity of an
individual to whom the information applies to be reasonably inferred by
either direct or indirect means.

4710bf39e6ec322a21b4cbf410b4699e098fd62e1ba52e0e8c45ef9605a2e2be

55b51c195172aad2a11b4544d5054ab4c800bb968b24fa4d2959c4f9f8d496ea

(a) Defense Contracts.--(1) Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2332. Share-in-savings contracts
``(a) Authority To Enter Into Share-in-Savings Contracts.--(1) The
head of an agency may enter into a share-in-savings contract for
information technology (as defined in section 11101(6) of title 40) in
which the Government awards a contract to improve mission-related or
administrative processes or to accelerate the achievement of its
mission and share with the contractor in savings achieved through
contract performance.
``(2)(A) Except as provided in subparagraph (B), a share-in-savings
contract shall be awarded for a period of not more than five years.
``(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head of the
agency determines in writing prior to award of the contract that--
``(i) the level of risk to be assumed and the investment to be
undertaken by the contractor is likely to inhibit the government
from obtaining the needed information technology competitively at a
fair and reasonable price if the contract is limited in duration to
a period of five years or less; and
``(ii) usage of the information technology to be acquired is
likely to continue for a period of time sufficient to generate
reasonable benefit for the government.
``(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones that
must be met before payment is made.
``(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that is to
be the basis upon which a savings share ratio is established that
governs the amount of payment a contractor is to receive under the
contract. Before commencement of performance of such a contract, the
senior procurement executive of the agency shall determine in writing
that the terms of the provision are quantifiable and will likely yield
value to the Government.
``(5)(A) The head of the agency may retain savings realized through
the use of a share-in-savings contract under this section that are in
excess of the total amount of savings paid to the contractor under the
contract, but may not retain any portion of such savings that is
attributable to a decrease in the number of civilian employees of the
Federal Government performing the function. Except as provided in
subparagraph (B), savings shall be credited to the appropriation or
fund against which charges were made to carry out the contract and
shall be used for information technology.
``(B) Amounts retained by the agency under this subsection shall--
``(i) without further appropriation, remain available until
expended; and
``(ii) be applied first to fund any contingent liabilities
associated with share-in-savings procurements that are not fully
funded.
``(b) Cancellation and Termination.--(1) If funds are not made
available for the continuation of a share-in-savings contract entered
into under this section in a subsequent fiscal year, the contract shall
be canceled or terminated. The costs of cancellation or termination may
be paid out of--
``(A) appropriations available for the performance of the
contract;
``(B) appropriations available for acquisition of the
information technology procured under the contract, and not
otherwise obligated; or
``(C) funds subsequently appropriated for payments of costs of
cancellation or termination, subject to the limitations in
paragraph (3).
``(2) The amount payable in the event of cancellation or
termination of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
``(3)(A) Subject to subparagraph (B), the head of an agency may
enter into share-in-savings contracts under this section in any given
fiscal year even if funds are not made specifically available for the
full costs of cancellation or termination of the contract if funds are
available and sufficient to make payments with respect to the first
fiscal year of the contract and the following conditions are met
regarding the funding of cancellation and termination liability:
``(i) The amount of unfunded contingent liability for the
contract does not exceed the lesser of--
``(I) 25 percent of the estimated costs of a cancellation
or termination; or
``(II) $5,000,000.
``(ii) Unfunded contingent liability in excess of $1,000,000
has been approved by the Director of the Office of Management and
Budget or the Director's designee.
``(B) The aggregate number of share-in-savings contracts that may
be entered into under subparagraph (A) by all agencies to which this
chapter applies in a fiscal year may not exceed 5 in each of fiscal
years 2003, 2004, and 2005.
``(c) Definitions.--In this section:
``(1) The term `contractor' means a private entity that enters
into a contract with an agency.
``(2) The term `savings' means--
``(A) monetary savings to an agency; or
``(B) savings in time or other benefits realized by the
agency, including enhanced revenues (other than enhanced
revenues from the collection of fees, taxes, debts, claims, or
other amounts owed the Federal Government).
``(3) The term `share-in-savings contract' means a contract
under which--
``(A) a contractor provides solutions for--
``(i) improving the agency's mission-related or
administrative processes; or
``(ii) accelerating the achievement of agency missions;
and
``(B) the head of the agency pays the contractor an amount
equal to a portion of the savings derived by the agency from--
``(i) any improvements in mission-related or
administrative processes that result from implementation of
the solution; or
``(ii) acceleration of achievement of agency missions.
``(d) Termination.--No share-in-savings contracts may be entered
into under this section after September 30, 2005.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end of the following new item:
``2332. Share-in-savings contracts.''.
(b) Other Contracts.--Title III of the Federal Property and
Administrative Services Act of 1949 is amended by adding at the end the
following:
``SEC. 317. SHARE-IN-SAVINGS CONTRACTS.
``(a) Authority To Enter Into Share-in-Savings Contracts.--(1) The
head of an executive agency may enter into a share-in-savings contract
for information technology (as defined in section 11101(6) of title 40,
United States Code) in which the Government awards a contract to
improve mission-related or administrative processes or to accelerate
the achievement of its mission and share with the contractor in savings
achieved through contract performance.
``(2)(A) Except as provided in subparagraph (B), a share-in-savings
contract shall be awarded for a period of not more than five years.
``(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head of the
agency determines in writing prior to award of the contract that--
``(i) the level of risk to be assumed and the investment to be
undertaken by the contractor is likely to inhibit the government
from obtaining the needed information technology competitively at a
fair and reasonable price if the contract is limited in duration to
a period of five years or less; and
``(ii) usage of the information technology to be acquired is
likely to continue for a period of time sufficient to generate
reasonable benefit for the government.
``(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones that
must be met before payment is made.
``(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that is to
be the basis upon which a savings share ratio is established that
governs the amount of payment a contractor is to receive under the
contract. Before commencement of performance of such a contract, the
senior procurement executive of the agency shall determine in writing
that the terms of the provision are quantifiable and will likely yield
value to the Government.
``(5)(A) The head of the agency may retain savings realized through
the use of a share-in-savings contract under this section that are in
excess of the total amount of savings paid to the contractor under the
contract, but may not retain any portion of such savings that is
attributable to a decrease in the number of civilian employees of the
Federal Government performing the function. Except as provided in
subparagraph (B), savings shall be credited to the appropriation or
fund against which charges were made to carry out the contract and
shall be used for information technology.
``(B) Amounts retained by the agency under this subsection shall--
``(i) without further appropriation, remain available until
expended; and
``(ii) be applied first to fund any contingent liabilities
associated with share-in-savings procurements that are not fully
funded.
``(b) Cancellation and Termination.--(1) If funds are not made
available for the continuation of a share-in-savings contract entered
into under this section in a subsequent fiscal year, the contract shall
be canceled or terminated. The costs of cancellation or termination may
be paid out of--
``(A) appropriations available for the performance of the
contract;
``(B) appropriations available for acquisition of the
information technology procured under the contract, and not
otherwise obligated; or
``(C) funds subsequently appropriated for payments of costs of
cancellation or termination, subject to the limitations in
paragraph (3).
``(2) The amount payable in the event of cancellation or
termination of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
``(3)(A) Subject to subparagraph (B), the head of an executive
agency may enter into share-in-savings contracts under this section in
any given fiscal year even if funds are not made specifically available
for the full costs of cancellation or termination of the contract if
funds are available and sufficient to make payments with respect to the
first fiscal year of the contract and the following conditions are met
regarding the funding of cancellation and termination liability:
``(i) The amount of unfunded contingent liability for the
contract does not exceed the lesser of--
``(I) 25 percent of the estimated costs of a cancellation
or termination; or
``(II) $5,000,000.
``(ii) Unfunded contingent liability in excess of $1,000,000
has been approved by the Director of the Office of Management and
Budget or the Director's designee.
``(B) The aggregate number of share-in-savings contracts that may
be entered into under subparagraph (A) by all executive agencies to
which this chapter applies in a fiscal year may not exceed 5 in each of
fiscal years 2003, 2004, and 2005.
``(c) Definitions.--In this section:
``(1) The term `contractor' means a private entity that enters
into a contract with an agency.
``(2) The term `savings' means--
``(A) monetary savings to an agency; or
``(B) savings in time or other benefits realized by the
agency, including enhanced revenues (other than enhanced
revenues from the collection of fees, taxes, debts, claims, or
other amounts owed the Federal Government).
``(3) The term `share-in-savings contract' means a contract
under which--
``(A) a contractor provides solutions for--
``(i) improving the agency's mission-related or
administrative processes; or
``(ii) accelerating the achievement of agency missions;
and
``(B) the head of the agency pays the contractor an amount
equal to a portion of the savings derived by the agency from--
``(i) any improvements in mission-related or
administrative processes that result from implementation of
the solution; or
``(ii) acceleration of achievement of agency missions.
``(d) Termination.--No share-in-savings contracts may be entered
into under this section after September 30, 2005.''.
(c) Development of Incentives.--The Director of the Office of
Management and Budget shall, in consultation with the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform
of the House of Representatives, and executive agencies, develop
techniques to permit an executive agency to retain a portion of the
savings (after payment of the contractor's share of the savings)
derived from share-in-savings contracts as funds are appropriated to
the agency in future fiscal years.
(d) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
revised to implement the provisions enacted by this section. Such
revisions shall--
(1) provide for the use of competitive procedures in the
selection and award of share-in-savings contracts to--
(A) ensure the contractor's share of savings reflects the
risk involved and market conditions; and
(B) otherwise yield greatest value to the government; and
(2) allow appropriate regulatory flexibility to facilitate the
use of share-in-savings contracts by executive agencies, including
the use of innovative provisions for technology refreshment and
nonstandard Federal Acquisition Regulation contract clauses.
(e) Additional Guidance.--The Administrator of General Services
shall--
(1) identify potential opportunities for the use of share-in-
savings contracts; and
(2) in consultation with the Director of the Office of
Management and Budget, provide guidance to executive agencies for
determining mutually beneficial savings share ratios and baselines
from which savings may be measured.
(f) OMB Report to Congress.--In consultation with executive
agencies, the Director of the Office of Management and Budget shall,
not later than 2 years after the date of the enactment of this Act,
submit to Congress a report containing--
(1) a description of the number of share-in-savings contracts
entered into by each executive agency under by this section and the
amendments made by this section, and, for each contract
identified--
(A) the information technology acquired;
(B) the total amount of payments made to the contractor;
and
(C) the total amount of savings or other measurable
benefits realized;
(2) a description of the ability of agencies to determine the
baseline costs of a project against which savings can be measured;
and
(3) any recommendations, as the Director deems appropriate,
regarding additional changes in law that may be necessary to ensure
effective use of share-in-savings contracts by executive agencies.
(g) GAO Report to Congress.--The Comptroller General shall, not
later than 6 months after the report required under subsection (f) is
submitted to Congress, conduct a review of that report and submit to
Congress a report containing--
(1) the results of the review;
(2) an independent assessment by the Comptroller General of the
effectiveness of the use of share-in-savings contracts in improving
the mission-related and administrative processes of the executive
agencies and the achievement of agency missions; and
(3) a recommendation on whether the authority to enter into
share-in-savings contracts should be continued.
(h) Repeal of Share-in-Savings Pilot Program.--
(1) Repeal.--Section 11521 of title 40, United States Code, is
repealed.
(2) Conforming amendments to pilot program authority.--
(A) Section 11501 of title 40, United States Code, is
amended--
(i) in the section heading, by striking ``programs''
and inserting ``program'';
(ii) in subsection (a)(1), by striking ``conduct pilot
programs'' and inserting ``conduct a pilot program pursuant
to the requirements of section 11521 of this title'';
(iii) in subsection (a)(2), by striking ``each pilot
program'' and inserting ``the pilot program'';
(iv) in subsection (b), by striking ``Limitations.--''
and all that follows through ``$750,000,000.'' and
inserting the following: ``Limitation on Amount.--The total
amount obligated for contracts entered into under the pilot
program conducted under this chapter may not exceed
$375,000,000.''; and
(v) in subsection (c)(1), by striking ``a pilot'' and
inserting ``the pilot''.
(B) The following provisions of chapter 115 of such title
are each amended by striking ``a pilot'' each place it appears
and inserting ``the pilot'':
(i) Section 11502(a).
(ii) Section 11502(b).
(iii) Section 11503(a).
(iv) Section 11504.
(C) Section 11505 of such chapter is amended by striking
``programs'' and inserting ``program''.
(3) Additional conforming amendments.--
(A) Section 11522 of title 40, United States Code, is
redesignated as section 11521.
(B) The chapter heading for chapter 115 of such title is
amended by striking ``PROGRAMS'' and inserting ``PROGRAM''.
(C) The subchapter heading for subchapter I and for
subchapter II of such chapter are each amended by striking
``PROGRAMS'' and inserting ``PROGRAM''.
(D) The item relating to subchapter I in the table of
sections at the beginning of such chapter is amended to read as
follows:
``SUBCHAPTER I--CONDUCT OF PILOT PROGRAM''.
(E) The item relating to subchapter II in the table of
sections at the beginning of such chapter is amended to read as
follows:
``SUBCHAPTER II--SPECIFIC PILOT PROGRAM''.
(F) The item relating to section 11501 in the table of
sections at the beginning of such is amended by striking
``programs'' and inserting ``program''.
(G) The table of sections at the beginning of such chapter
is amended by striking the item relating to section 11521 and
redesignating the item relating to section 11522 as section
11521.
(H) The item relating to chapter 115 in the table of
chapters for subtitle III of title 40, United States Code, is
amended to read as follows:
``115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM.........11501''.
(i) Definitions.--In this section, the terms ``contractor'',
``savings'', and ``share-in-savings contract'' have the meanings given
those terms in section 317 of the Federal Property and Administrative
Services Act of 1949 (as added by subsection (b)).

170dca639cd89bc7f7e8613d7fae748148f789c5faaa79595a2f9fa8e61c2191

STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY
SCHEDULES.
(a) Authority To Use Certain Supply Schedules.--Section 502 of
title 40, United States Code, is amended by adding at the end the
following new subsection:
``(c) Use of Certain Supply Schedules.--
``(1) In general.--The Administrator may provide for the use by
State or local governments of Federal supply schedules of the
General Services Administration for automated data processing
equipment (including firmware), software, supplies, support
equipment, and services (as contained in Federal supply
classification code group 70).
``(2) Voluntary use.--In any case of the use by a State or
local government of a Federal supply schedule pursuant to paragraph
(1), participation by a firm that sells to the Federal Government
through the supply schedule shall be voluntary with respect to a
sale to the State or local government through such supply schedule.
``(3) Definitions.--In this subsection:
``(A) The term `State or local government' includes any
State, local, regional, or tribal government, or any
instrumentality thereof (including any local educational agency
or institution of higher education).
``(B) The term `tribal government' means--
``(i) the governing body of any Indian tribe, band,
nation, or other organized group or community located in
the continental United States (excluding the State of
Alaska) that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians, and
``(ii) any Alaska Native regional or village
corporation established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(C) The term `local educational agency' has the meaning
given that term in section 8013 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713).
``(D) The term `institution of higher education' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).''.
(b) Procedures.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of General Services shall
establish procedures to implement section 501(c) of title 40, United
States Code (as added by subsection (a)).
(c) Report.--Not later than December 31, 2004, the Administrator
shall submit to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of the Senate
a report on the implementation and effects of the amendment made by
subsection (a).

127a56ade2106eab6169f8afb95cc5ec90b410d858cf2c7866eb27da282fac32

(a) Purposes.--The purposes of this section are to--
(1) enhance the interoperability of Federal information
systems;
(2) assist the public, including the regulated community, in
electronically submitting information to agencies under Federal
requirements, by reducing the burden of duplicate collection and
ensuring the accuracy of submitted information; and
(3) enable any person to integrate and obtain similar
information held by 1 or more agencies under 1 or more Federal
requirements without violating the privacy rights of an individual.
(b) Definitions.--In this section, the term--
(1) ``agency'' means an Executive agency as defined under
section 105 of title 5, United States Code; and
(2) ``person'' means any individual, trust, firm, joint stock
company, corporation (including a government corporation),
partnership, association, State, municipality, commission,
political subdivision of a State, interstate body, or agency or
component of the Federal Government.
(c) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Director shall oversee a study, in
consultation with agencies, the regulated community, public
interest organizations, and the public, and submit a report to the
Committee on Governmental Affairs of the Senate and the Committee
on Government Reform of the House of Representatives on progress
toward integrating Federal information systems across agencies.
(2) Contents.--The report under this section shall--
(A) address the integration of data elements used in the
electronic collection of information within databases
established under Federal statute without reducing the quality,
accessibility, scope, or utility of the information contained
in each database;
(B) address the feasibility of developing, or enabling the
development of, software, including Internet-based tools, for
use by reporting persons in assembling, documenting, and
validating the accuracy of information electronically submitted
to agencies under nonvoluntary, statutory, and regulatory
requirements;
(C) address the feasibility of developing a distributed
information system involving, on a voluntary basis, at least 2
agencies, that--
(i) provides consistent, dependable, and timely public
access to the information holdings of 1 or more agencies,
or some portion of such holdings, without requiring public
users to know which agency holds the information; and
(ii) allows the integration of public information held
by the participating agencies;
(D) address the feasibility of incorporating other elements
related to the purposes of this section at the discretion of
the Director; and
(E) make any recommendations that the Director deems
appropriate on the use of integrated reporting and information
systems, to reduce the burden on reporting and strengthen
public access to databases within and across agencies.
(d) Pilot Projects To Encourage Integrated Collection and
Management of Data and Interoperability of Federal Information
Systems.--
(1) In general.--In order to provide input to the study under
subsection (c), the Director shall designate, in consultation with
agencies, a series of no more than 5 pilot projects that integrate
data elements. The Director shall consult with agencies, the
regulated community, public interest organizations, and the public
on the implementation of the pilot projects.
(2) Goals of pilot projects.--
(A) In general.--Each goal described under subparagraph (B)
shall be addressed by at least 1 pilot project each.
(B) Goals.--The goals under this paragraph are to--
(i) reduce information collection burdens by
eliminating duplicative data elements within 2 or more
reporting requirements;
(ii) create interoperability between or among public
databases managed by 2 or more agencies using technologies
and techniques that facilitate public access; and
(iii) develop, or enable the development of, software
to reduce errors in electronically submitted information.
(3) Input.--Each pilot project shall seek input from users on
the utility of the pilot project and areas for improvement. To the
extent practicable, the Director shall consult with relevant
agencies and State, tribal, and local governments in carrying out
the report and pilot projects under this section.
(e) Protections.--The activities authorized under this section
shall afford protections for--
(1) confidential business information consistent with section
552(b)(4) of title 5, United States Code, and other relevant law;
(2) personal privacy information under sections 552(b) (6) and
(7)(C) and 552a of title 5, United States Code, and other relevant
law;
(3) other information consistent with section 552(b)(3) of
title 5, United States Code, and other relevant law; and
(4) confidential statistical information collected under a
confidentiality pledge, solely for statistical purposes, consistent
with the Office of Management and Budget's Federal Statistical
Confidentiality Order, and other relevant law.

ff07ff9b849b50c64ce902867f3717cea1577ee278bfc503453916970b233be6

(a) Purposes.--The purposes of this section are to--
(1) study and enhance the effectiveness of community technology
centers, public libraries, and other institutions that provide
computer and Internet access to the public; and
(2) promote awareness of the availability of on-line government
information and services, to users of community technology centers,
public libraries, and other public facilities that provide access
to computer technology and Internet access to the public.
(b) Study and Report.--Not later than 2 years after the effective
date of this title, the Administrator shall--
(1) ensure that a study is conducted to evaluate the best
practices of community technology centers that have received
Federal funds; and
(2) submit a report on the study to--
(A) the Committee on Governmental Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Government Reform of the House of
Representatives; and
(D) the Committee on Education and the Workforce of the
House of Representatives.
(c) Contents.--The report under subsection (b) may consider--
(1) an evaluation of the best practices being used by
successful community technology centers;
(2) a strategy for--
(A) continuing the evaluation of best practices used by
community technology centers; and
(B) establishing a network to share information and
resources as community technology centers evolve;
(3) the identification of methods to expand the use of best
practices to assist community technology centers, public libraries,
and other institutions that provide computer and Internet access to
the public;
(4) a database of all community technology centers that have
received Federal funds, including--
(A) each center's name, location, services provided,
director, other points of contact, number of individuals
served; and
(B) other relevant information;
(5) an analysis of whether community technology centers have
been deployed effectively in urban and rural areas throughout the
Nation; and
(6) recommendations of how to--
(A) enhance the development of community technology
centers; and
(B) establish a network to share information and resources.
(d) Cooperation.--All agencies that fund community technology
centers shall provide to the Administrator any information and
assistance necessary for the completion of the study and the report
under this section.
(e) Assistance.--
(1) In general.--The Administrator, in consultation with the
Secretary of Education, shall work with other relevant Federal
agencies, and other interested persons in the private and nonprofit
sectors to--
(A) assist in the implementation of recommendations; and
(B) identify other ways to assist community technology
centers, public libraries, and other institutions that provide
computer and Internet access to the public.
(2) Types of assistance.--Assistance under this subsection may
include--
(A) contribution of funds;
(B) donations of equipment, and training in the use and
maintenance of the equipment; and
(C) the provision of basic instruction or training material
in computer skills and Internet usage.
(f) Online Tutorial.--
(1) In general.--The Administrator, in consultation with the
Secretary of Education, the Director of the Institute of Museum and
Library Services, other relevant agencies, and the public, shall
develop an online tutorial that--
(A) explains how to access Government information and
services on the Internet; and
(B) provides a guide to available online resources.
(2) Distribution.--The Administrator, with assistance from the
Secretary of Education, shall distribute information on the
tutorial to community technology centers, public libraries, and
other institutions that afford Internet access to the public.
(g) Promotion of Community Technology Centers.--The Administrator,
with assistance from the Department of Education and in consultation
with other agencies and organizations, shall promote the availability
of community technology centers to raise awareness within each
community where such a center is located.
(h) Authorization of Appropriations.--There are authorized to be
appropriated for the study of best practices at community technology
centers, for the development and dissemination of the online tutorial,
and for the promotion of community technology centers under this
section--
(1) $2,000,000 in fiscal year 2003;
(2) $2,000,000 in fiscal year 2004; and
(3) such sums as are necessary in fiscal years 2005 through
2007.

4deff45d7f9e2dfa1c4855dad7587577e67ba4acd57d55473a3c666300972476

TECHNOLOGY.
(a) Purpose.--The purpose of this section is to improve how
information technology is used in coordinating and facilitating
information on disaster preparedness, response, and recovery, while
ensuring the availability of such information across multiple access
channels.
(b) In General.--
(1) Study on enhancement of crisis response.--Not later than 90
days after the date of enactment of this Act, the Administrator, in
consultation with the Federal Emergency Management Agency, shall
ensure that a study is conducted on using information technology to
enhance crisis preparedness, response, and consequence management
of natural and manmade disasters.
(2) Contents.--The study under this subsection shall address--
(A) a research and implementation strategy for effective
use of information technology in crisis response and
consequence management, including the more effective use of
technologies, management of information technology research
initiatives, and incorporation of research advances into the
information and communications systems of--
(i) the Federal Emergency Management Agency; and
(ii) other Federal, State, and local agencies
responsible for crisis preparedness, response, and
consequence management; and
(B) opportunities for research and development on enhanced
technologies into areas of potential improvement as determined
during the course of the study.
(3) Report.--Not later than 2 years after the date on which a
contract is entered into under paragraph (1), the Administrator
shall submit a report on the study, including findings and
recommendations to--
(A) the Committee on Governmental Affairs of the Senate;
and
(B) the Committee on Government Reform of the House of
Representatives.
(4) Interagency cooperation.--Other Federal departments and
agencies with responsibility for disaster relief and emergency
assistance shall fully cooperate with the Administrator in carrying
out this section.
(5) Authorization of appropriations.--There are authorized to
be appropriated for research under this subsection, such sums as
are necessary for fiscal year 2003.
(c) Pilot Projects.--Based on the results of the research conducted
under subsection (b), the Administrator, in consultation with the
Federal Emergency Management Agency, shall initiate pilot projects or
report to Congress on other activities that further the goal of
maximizing the utility of information technology in disaster
management. The Administrator shall cooperate with other relevant
agencies, and, if appropriate, State, local, and tribal governments, in
initiating such pilot projects.

a2c34bf88e85b8abc38d67bd781c44040cbb9ed09971f8358554107f9de848d7

(a) Study and Report.--
(1) Study.--Not later than 90 days after the date of enactment
of this Act, the Administrator of General Services shall request
that the National Academy of Sciences, acting through the National
Research Council, enter into a contract to conduct a study on
disparities in Internet access for online Government services.
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Administrator of General Services shall submit to
the Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives a
final report of the study under this section, which shall set forth
the findings, conclusions, and recommendations of the National
Research Council.
(b) Contents.--The report under subsection (a) shall include a
study of--
(1) how disparities in Internet access influence the
effectiveness of online Government services, including a review
of--
(A) the nature of disparities in Internet access;
(B) the affordability of Internet service;
(C) the incidence of disparities among different groups
within the population; and
(D) changes in the nature of personal and public Internet
access that may alleviate or aggravate effective access to
online Government services;
(2) how the increase in online Government services is
influencing the disparities in Internet access and how technology
development or diffusion trends may offset such adverse influences;
and
(3) related societal effects arising from the interplay of
disparities in Internet access and the increase in online
Government services.
(c) Recommendations.--The report shall include recommendations on
actions to ensure that online Government initiatives shall not have the
unintended result of increasing any deficiency in public access to
Government services.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $950,000 in fiscal year 2003 to carry out this section.

3fa1bad7d2832c2d8a3410c7c25fac907ef243367fdb276224f894633484551a

(a) Purposes.--The purposes of this section are to--
(1) reduce redundant data collection and information; and
(2) promote collaboration and use of standards for government
geographic information.
(b) Definition.--In this section, the term ``geographic
information'' means information systems that involve locational data,
such as maps or other geospatial information resources.
(c) In General.--
(1) Common protocols.--The Administrator, in consultation with
the Secretary of the Interior, working with the Director and
through an interagency group, and working with private sector
experts, State, local, and tribal governments, commercial and
international standards groups, and other interested parties, shall
facilitate the development of common protocols for the development,
acquisition, maintenance, distribution, and application of
geographic information. If practicable, the Administrator shall
incorporate intergovernmental and public private geographic
information partnerships into efforts under this subsection.
(2) Interagency group.--The interagency group referred to under
paragraph (1) shall include representatives of the National
Institute of Standards and Technology and other agencies.
(d) Director.--The Director shall oversee--
(1) the interagency initiative to develop common protocols;
(2) the coordination with State, local, and tribal governments,
public private partnerships, and other interested persons on
effective and efficient ways to align geographic information and
develop common protocols; and
(3) the adoption of common standards relating to the protocols.
(e) Common Protocols.--The common protocols shall be designed to--
(1) maximize the degree to which unclassified geographic
information from various sources can be made electronically
compatible and accessible; and
(2) promote the development of interoperable geographic
information systems technologies that shall--
(A) allow widespread, low-cost use and sharing of
geographic data by Federal agencies, State, local, and tribal
governments, and the public; and
(B) enable the enhancement of services using geographic
data.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, for
each of the fiscal years 2003 through 2007.

c95cebd6fc8c4ddb206753427a617b3154c38d7f443ebedc8573890d9c1417d6

6ec14d97e1ea3b77fb18965e2acd1f70398f945d3af87d1e6ebd55cf6c6b30de

TITLE III

-INFORMATION SECURITY

(a) In General.--Section 11331 of title 40, United States Code, is
amended to read as follows:
``Sec. 11331. Responsibilities for Federal information systems
standards
``(a) Standards and Guidelines.--
``(1) Authority to prescribe.--Except as provided under
paragraph (2), the Secretary of Commerce shall, on the basis of
standards and guidelines developed by the National Institute of
Standards and Technology pursuant to paragraphs (2) and (3) of
section 20(a) of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3(a)), prescribe standards and guidelines
pertaining to Federal information systems.
``(2) National security systems.--Standards and guidelines for
national security systems (as defined under this section) shall be
developed, prescribed, enforced, and overseen as otherwise
authorized by law and as directed by the President.
``(b) Mandatory Requirements.--
``(1) Authority to make mandatory.--Except as provided under
paragraph (2), the Secretary shall make standards prescribed under
subsection (a)(1) compulsory and binding to the extent determined
necessary by the Secretary to improve the efficiency of operation
or security of Federal information systems.
``(2) Required mandatory standards.--(A) Standards prescribed
under subsection (a)(1) shall include information security
standards that--
``(i) provide minimum information security requirements as
determined under section 20(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(b)); and
``(ii) are otherwise necessary to improve the security of
Federal information and information systems.
``(B) Information security standards described in subparagraph
(A) shall be compulsory and binding.
``(c) Authority to Disapprove or Modify.--The President may
disapprove or modify the standards and guidelines referred to in
subsection (a)(1) if the President determines such action to be in the
public interest. The President's authority to disapprove or modify such
standards and guidelines may not be delegated. Notice of such
disapproval or modification shall be published promptly in the Federal
Register. Upon receiving notice of such disapproval or modification,
the Secretary of Commerce shall immediately rescind or modify such
standards or guidelines as directed by the President.
``(d) Exercise of Authority.--To ensure fiscal and policy
consistency, the Secretary shall exercise the authority conferred by
this section subject to direction by the President and in coordination
with the Director of the Office of Management and Budget.
``(e) Application of More Stringent Standards.--The head of an
executive agency may employ standards for the cost-effective
information security for information systems within or under the
supervision of that agency that are more stringent than the standards
the Secretary prescribes under this section if the more stringent
standards--
``(1) contain at least the applicable standards made compulsory
and binding by the Secretary; and
``(2) are otherwise consistent with policies and guidelines
issued under section 3543 of title 44.
``(f) Decisions on Promulgation of Standards.--The decision by the
Secretary regarding the promulgation of any standard under this section
shall occur not later than 6 months after the submission of the
proposed standard to the Secretary by the National Institute of
Standards and Technology, as provided under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-3).
``(g) Definitions.--In this section:
``(1) Federal information system.--The term `Federal
information system' means an information system used or operated by
an executive agency, by a contractor of an executive agency, or by
another organization on behalf of an executive agency.
``(2) Information security.--The term `information security'
has the meaning given that term in section 3542(b)(1) of title 44.
``(3) National security system.--The term `national security
system' has the meaning given that term in section 3542(b)(2) of
title 44.''.
(b) Clerical Amendment.--The item relating to section 11331 in the
table of sections at the beginning of chapter 113 of such title is
amended to read as follows:
``11331. Responsibilities for Federal information systems standards.''.

6f8717a5b6077d9f32c130220b9b5ef393bf5dba379963683543d05cfe417f23

Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), is amended by striking the text and inserting
the following:
``(a) In General.--The Institute shall--
``(1) have the mission of developing standards, guidelines, and
associated methods and techniques for information systems;
``(2) develop standards and guidelines, including minimum
requirements, for information systems used or operated by an agency
or by a contractor of an agency or other organization on behalf of
an agency, other than national security systems (as defined in
section 3542(b)(2) of title 44, United States Code); and
``(3) develop standards and guidelines, including minimum
requirements, for providing adequate information security for all
agency operations and assets, but such standards and guidelines
shall not apply to national security systems.
``(b) Minimum Requirements for Standards and Guidelines.--The
standards and guidelines required by subsection (a) shall include, at a
minimum--
``(1)(A) standards to be used by all agencies to categorize all
information and information systems collected or maintained by or
on behalf of each agency based on the objectives of providing
appropriate levels of information security according to a range of
risk levels;
``(B) guidelines recommending the types of information and
information systems to be included in each such category; and
``(C) minimum information security requirements for information
and information systems in each such category;
``(2) a definition of and guidelines concerning detection and
handling of information security incidents; and
``(3) guidelines developed in conjunction with the Department
of Defense, including the National Security Agency, for identifying
an information system as a national security system consistent with
applicable requirements for national security systems, issued in
accordance with law and as directed by the President.
``(c) Development of Standards and Guidelines.--In developing
standards and guidelines required by subsections (a) and (b), the
Institute shall--
``(1) consult with other agencies and offices and the private
sector (including the Director of the Office of Management and
Budget, the Departments of Defense and Energy, the National
Security Agency, the General Accounting Office, and the Secretary
of Homeland Security) to assure--
``(A) use of appropriate information security policies,
procedures, and techniques, in order to improve information
security and avoid unnecessary and costly duplication of
effort; and
``(B) that such standards and guidelines are complementary
with standards and guidelines employed for the protection of
national security systems and information contained in such
systems;
``(2) provide the public with an opportunity to comment on
proposed standards and guidelines;
``(3) submit to the Secretary of Commerce for promulgation
under section 11331 of title 40, United States Code--
``(A) standards, as required under subsection (b)(1)(A), no
later than 12 months after the date of the enactment of this
section; and
``(B) minimum information security requirements for each
category, as required under subsection (b)(1)(C), no later than
36 months after the date of the enactment of this section;
``(4) issue guidelines as required under subsection (b)(1)(B),
no later than 18 months after the date of the enactment of this
section;
``(5) to the maximum extent practicable, ensure that such
standards and guidelines do not require the use or procurement of
specific products, including any specific hardware or software;
``(6) to the maximum extent practicable, ensure that such
standards and guidelines provide for sufficient flexibility to
permit alternative solutions to provide equivalent levels of
protection for identified information security risks; and
``(7) to the maximum extent practicable, use flexible,
performance-based standards and guidelines that permit the use of
off-the-shelf commercially developed information security products.
``(d) Information Security Functions.--The Institute shall--
``(1) submit standards developed pursuant to subsection (a),
along with recommendations as to the extent to which these should
be made compulsory and binding, to the Secretary of Commerce for
promulgation under section 11331 of title 40, United States Code;
``(2) provide technical assistance to agencies, upon request,
regarding--
``(A) compliance with the standards and guidelines
developed under subsection (a);
``(B) detecting and handling information security
incidents; and
``(C) information security policies, procedures, and
practices;
``(3) conduct research, as needed, to determine the nature and
extent of information security vulnerabilities and techniques for
providing cost-effective information security;
``(4) develop and periodically revise performance indicators
and measures for agency information security policies and
practices;
``(5) evaluate private sector information security policies and
practices and commercially available information technologies to
assess potential application by agencies to strengthen information
security;
``(6) assist the private sector, upon request, in using and
applying the results of activities under this section;
``(7) evaluate security policies and practices developed for
national security systems to assess potential application by
agencies to strengthen information security;
``(8) periodically assess the effectiveness of standards and
guidelines developed under this section and undertake revisions as
appropriate;
``(9) solicit and consider the recommendations of the
Information Security and Privacy Advisory Board, established by
section 21, regarding standards and guidelines developed under
subsection (a) and submit such recommendations to the Secretary of
Commerce with such standards submitted to the Secretary; and
``(10) prepare an annual public report on activities undertaken
in the previous year, and planned for the coming year, to carry out
responsibilities under this section.
``(e) Definitions.--As used in this section--
``(1) the term `agency' has the same meaning as provided in
section 3502(1) of title 44, United States Code;
``(2) the term `information security' has the same meaning as
provided in section 3542(b)(1) of such title;
``(3) the term `information system' has the same meaning as
provided in section 3502(8) of such title;
``(4) the term `information technology' has the same meaning as
provided in section 11101 of title 40, United States Code; and
``(5) the term `national security system' has the same meaning
as provided in section 3542(b)(2) of title 44, United States Code.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $20,000,000 for each of
fiscal years 2003, 2004, 2005, 2006, and 2007 to enable the National
Institute of Standards and Technology to carry out the provisions of
this section.''.

9b4fdf018359955a4c23e202dd451688db2cbc551a76502df0d2c012604350c7

Section 21 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-4), is amended--
(1) in subsection (a), by striking ``Computer System Security
and Privacy Advisory Board'' and inserting ``Information Security
and Privacy Advisory Board'';
(2) in subsection (a)(1), by striking ``computer or
telecommunications'' and inserting ``information technology'';
(3) in subsection (a)(2)--
(A) by striking ``computer or telecommunications
technology'' and inserting ``information technology''; and
(B) by striking ``computer or telecommunications
equipment'' and inserting ``information technology'';
(4) in subsection (a)(3)--
(A) by striking ``computer systems'' and inserting
``information system''; and
(B) by striking ``computer systems security'' and inserting
``information security'';
(5) in subsection (b)(1) by striking ``computer systems
security'' and inserting ``information security'';
(6) in subsection (b) by striking paragraph (2) and inserting
the following:
``(2) to advise the Institute, the Secretary of Commerce, and
the Director of the Office of Management and Budget on information
security and privacy issues pertaining to Federal Government
information systems, including through review of proposed standards
and guidelines developed under section 20; and'';
(7) in subsection (b)(3) by inserting ``annually'' after
``report'';
(8) by inserting after subsection (e) the following new
subsection:
``(f) The Board shall hold meetings at such locations and at such
time and place as determined by a majority of the Board.'';
(9) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(10) by striking subsection (h), as redesignated by paragraph
(9), and inserting the following:
``(h) As used in this section, the terms `information system' and
`information technology' have the meanings given in section 20.''.

ed59fb70537dd4e4c80f25194dfcc76884bf39716852268100326d08d560c58d

(a) Computer Security Act.--Section 11332 of title 40, United
States Code, and the item relating to that section in the table of
sections for chapter 113 of such title, are repealed.
(b) Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.--The Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398) is amended by striking section
1062 (44 U.S.C. 3531 note).
(c) Paperwork Reduction Act.--(1) Section 3504(g) of title 44,
United States Code, is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) in paragraph (2)--
(i) by striking ``sections 11331 and 11332(b) and (c) of
title 40'' and inserting ``section 11331 of title 40 and
subchapter II of this chapter''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking paragraph (3).
(2) Section 3505 of such title is amended by adding at the end--
``(c) 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.''.
(3) Section 3506(g) of such title is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) in paragraph (2)--
(i) by striking ``section 11332 of title 40'' and inserting
``subchapter II of this chapter''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking paragraph (3).

b98054e1f0800ef297eaa99e39bb681c17dfba3f06e3d339f28f9ee113eba8e6

Except for those purposes for which an authorization of
appropriations is specifically provided in title I or II, including the
amendments made by such titles, there are authorized to be appropriated
such sums as are necessary to carry out titles I and II for each of
fiscal years 2003 through 2007.

975cbb460eaa05417f2bf8040969d7f0641b133db9e7070c1f546a03d7d4ba35

TITLE IV

-AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

(a) Titles I and II.--
(1) In general.--Except as provided under paragraph (2), titles
I and II and the amendments made by such titles shall take effect
120 days after the date of enactment of this Act.
(2) Immediate enactment.--Sections 207, 214, and 215 shall take
effect on the date of enactment of this Act.
(b) Titles III and IV.--Title III and this title shall take effect
on the date of enactment of this Act.

5a836f1cdde5d14b4fea33416882babd70a271ab7b45ff848c8ea56148bc402d

This title may be cited as the ``Confidential Information
Protection and Statistical Efficiency Act of 2002''.

338829ba25e8aa043b96febc1fd44d3898a48a2cfc9d3cf94f5075ec1e20f5c0

As used in this title:
(1) The term ``agency'' means any entity that falls within the
definition of the term ``executive agency'' as defined in section
102 of title 31, United States Code, or ``agency'', as defined in
section 3502 of title 44, United States Code.
(2) 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, United States
Code), 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
title; and
(B) who agrees in writing to comply with all provisions of
law that affect information acquired by that agency.
(3) The term ``business data'' means operating and financial
data and information about businesses, tax-exempt organizations,
and government entities.
(4) 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.
(5) 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,
United States Code (popularly known as the Freedom of
Information Act) of data that are acquired for exclusively
statistical purposes under a pledge of confidentiality.
(6) 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.
(7) 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.
(8) 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.
(9) 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).

ae82041995b291d43cea25b5318d80a8498ea1ccb38ac830f549f1d102861abf

(a) In General.--The Director of the Office of Management and
Budget shall coordinate and oversee the confidentiality and disclosure
policies established by this title. The Director may promulgate rules
or provide other guidance to ensure consistent interpretation of this
title by the affected agencies.
(b) Agency Rules.--Subject to subsection (c), agencies may
promulgate rules to implement this title. Rules governing disclosures
of information that are authorized by this title 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 title for consistency with
the provisions of this title and chapter 35 of title 44, United States
Code, 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 of
the Office of Management and Budget such reports and other
information as the Director requests.
(2) Each Designated Statistical Agency referred to in section
522 shall report annually to the Director of the Office of
Management and Budget, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs
of the Senate on the actions it has taken to implement sections 523
and 524. The report shall include copies of each written agreement
entered into pursuant to section 524(a) for the applicable year.
(3) The Director of the Office of Management and Budget shall
include a summary of reports submitted to the Director under
paragraph (2) and actions taken by the Director to advance the
purposes of this title in the annual report to the Congress on
statistical programs prepared under section 3504(e)(2) of title 44,
United States Code.

6b78072e8e6494b56e36d60fdc95b9d97239e8568d40eef3e00d1aa1cb019801

(a) Title 44, United States Code.--This title, including amendments
made by this title, does not diminish the authority under section 3510
of title 44, United States Code, of the Director of the Office of
Management and Budget 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 title,
including amendments made by this title, 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, United States
Code, and section 2108 of title 44, United States Code.
(c) Title 13, United States Code.--This title, including amendments
made by this title, shall not be construed as authorizing the
disclosure for nonstatistical purposes of demographic data or
information collected by the Census Bureau pursuant to section 9 of
title 13, United States Code.
(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 the Energy
Organization Act of 1977 (42 U.S.C. 7135, 7177).
(e) Section 201  of Congressional Budget Act of 1974.--This title,
including amendments made by this title, 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 522), either
separately or, for data that may be shared pursuant to section 524 of
this title 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 title shall preempt
applicable State law regarding the confidentiality of data collected by
the States.
(g) Statutes Regarding False Statements.--Notwithstanding section
512, 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, United States Code) 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 title 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 (26 U.S.C. 6103).
(i) Authority of Congress.--Nothing in this title 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 agency's statistical
activities.
Subtitle A--Confidential Information Protection

13b15a9b8c7df7d5202dac718b69f678dcf3e43945fe98664ed3891eea683db7

(a) Findings.--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.
(b) Purposes.--The purposes of this subtitle 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 title 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.

5de893c28b62d260624280416555ebc24ad65158bb088cac4f283c07dc617c20

(a) 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.
(b) 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.
(c) 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.
(d) 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 502(2) for treatment
as an agent under that section, who may perform exclusively statistical
activities, subject to the limitations and penalties described in this
title.

7fa6124224a8fa2963a3f81fa16960a8e7bc05681cc16767c183aff4385dc77b

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 section 512, 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 title, 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.
Subtitle B--Statistical Efficiency

43c521d300ae729cc80d1bdb8179093c38487813491eab1785c07b9ad4f0240a

(a) Findings.--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) The Congress enacted the International Investment and Trade
in Services Act of 1990 that 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 subtitle A of this title, 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.
(b) Purposes.--The purposes of this subtitle 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 Nation's most
important economic indicators, such as the National Income and
Product Accounts.

cbe9ca7053e499208e30dfcbfadca68e69fd630a42e8a6f3c7289da64ad147b0

For purposes of this subtitle, the term ``Designated Statistical
Agency'' means each of the following:
(1) The Bureau of the Census 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.

fa2dd7020c343120ca1ded69a5a1e0eb3d234df3ef32842bb16f5b41a44326fa

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.

74e59f47f25853d7414664b5e1d4dc13dd75c08086d3d11c4b8c672359d1420b

AGENCIES.
(a) 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--
(1) the business data to be shared;
(2) the statistical purposes for which the business data are to
be used;
(3) the officers, employees, and agents authorized to examine
the business data to be shared; and
(4) appropriate security procedures to safeguard the
confidentiality of the business data.
(b) Responsibilities of Agencies Under Other Laws.--The provision
of business data by an agency to a Designated Statistical Agency under
this subtitle shall in no way alter the responsibility of the agency
providing the data under other statutes (including section 552 of title
5, United States Code (popularly known as the Freedom of Information
Act), and section 552b of title 5, United States Code (popularly known
as the Privacy Act of 1974)) with respect to the provision or
withholding of such information by the agency providing the data.
(c) 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 subtitle shall be
subject to all provisions of law, including penalties, that relate--
(1) 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
(2) to the unlawful disclosure of the business data that would
apply to officers, employees, and agents of the agency that
originally obtained the information.
(d) 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.

6f43a5fe968faa742d9c3da9f516e36f68cbfd4e347db31fb4066bd6f23e0425

STATISTICAL AGENCIES.
(a) Use, Generally.--Business data provided by a Designated
Statistical Agency pursuant to this subtitle shall be used exclusively
for statistical purposes.
(b) 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.

c4b1c7560e7e81f0b8554b1088f719210569b8e3c8e87bfb3a21d8462d7c3486

(a) Department of Commerce.--Section 1 of the Act of January 27,
1938 (15 U.S.C. 176a) is amended by striking ``The'' and inserting
``Except as provided in the Confidential Information Protection and
Statistical Efficiency Act of 2002, the''.
(b) Title 13.--Chapter 10 of title 13, United States Code, is
amended--
(1) by adding after section 401 the following:
``Sec. 402. Providing business data to Designated Statistical Agencies
``The Bureau of the Census may provide business data to the Bureau
of Economic Analysis and the Bureau of Labor Statistics (`Designated
Statistical Agencies') if such information is required for an
authorized statistical purpose and the provision is the subject of a
written agreement with that Designated Statistical Agency, or their
successors, as defined in the Confidential Information Protection and
Statistical Efficiency Act of 2002.''; and
(2) in the table of sections for the chapter by adding after
the item relating to section 401 the following:
``402. Providing business data to Designated Statistical Agencies.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

de0a52298e2a6818fdf16243b4e5538b6fdce3d1440c8e604fc52c843e66195d

E-Government Act of 2002

Other Sections

TITLE I

TITLE II

TITLE V

TITLE III

TITLE IV

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