[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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES
Sec. 101. Management and promotion of electronic government services.
Sec. 102. Conforming amendments.
TITLE II--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT
SERVICES
Sec. 201. Definitions.
Sec. 202. Federal agency responsibilities.
Sec. 203. Compatibility of executive agency methods for use and
acceptance of electronic signatures.
Sec. 204. Federal Internet portal.
Sec. 205. Federal courts.
Sec. 206. Regulatory agencies.
Sec. 207. Accessibility, usability, and preservation of government
information.
Sec. 208. Privacy provisions.
Sec. 209. Federal information technology workforce development.
Sec. 210. Share-in-savings initiatives.
Sec. 211. Authorization for acquisition of information technology by
State and local governments through Federal supply schedules.
Sec. 212. Integrated reporting study and pilot projects.
Sec. 213. Community technology centers.
Sec. 214. Enhancing crisis management through advanced information
technology.
Sec. 215. Disparities in access to the Internet.
Sec. 216. Common protocols for geographic information systems.
TITLE III--INFORMATION SECURITY
Sec. 301. Information security.
Sec. 302. Management of information technology.
Sec. 303. National Institute of Standards and Technology.
Sec. 304. Information Security and Privacy Advisory Board.
Sec. 305. Technical and conforming amendments.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES
Sec. 401. Authorization of appropriations.
Sec. 402. Effective dates.
TITLE V--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Coordination and oversight of policies.
Sec. 504. Effect on other laws.
Subtitle A--Confidential Information Protection
Sec. 511. Findings and purposes.
Sec. 512. Limitations on use and disclosure of data and information.
Sec. 513. Fines and penalties.
Subtitle B--Statistical Efficiency
Sec. 521. Findings and purposes.
Sec. 522. Designation of statistical agencies.
Sec. 523. Responsibilities of designated statistical agencies.
Sec. 524. Sharing of business data among designated statistical
agencies.
Sec. 525. Limitations on use of business data provided by designated
statistical agencies.
Sec. 526. Conforming amendments.
SEC. 2. FINDINGS AND PURPOSES.
(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.
TITLE I--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES
SEC. 101. MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES.
(a) In General.--Title 44, United States Code, is amended by
inserting after chapter 35 the following:
``CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT
SERVICES
``Sec.
``3601. Definitions.
``3602. Office of Electronic Government.
``3603. Chief Information Officers Council.
``3604. E-Government Fund.
``3605. Program to encourage innovative solutions to enhance electronic
Government services and processes.
``3606. E-Government report.
``Sec. 3601. Definitions
``In this chapter, the definitions under section 3502 shall apply,
and the term--
``(1) `Administrator' means the Administrator of the Office of
Electronic Government established under section 3602;
``(2) `Council' means the Chief Information Officers Council
established under section 3603;
``(3) `electronic Government' means the use by the Government
of web-based Internet applications and other information
technologies, combined with processes that implement these
technologies, to--
``(A) enhance the access to and delivery of Government
information and services to the public, other agencies, and
other Government entities; or
``(B) bring about improvements in Government operations
that may include effectiveness, efficiency, service quality, or
transformation;
``(4) `enterprise architecture'--
``(A) means--
``(i) a strategic information asset base, which defines
the mission;
``(ii) the information necessary to perform the
mission;
``(iii) the technologies necessary to perform the
mission; and
``(iv) the transitional processes for implementing new
technologies in response to changing mission needs; and
``(B) includes--
``(i) a baseline architecture;
``(ii) a target architecture; and
``(iii) a sequencing plan;
``(5) `Fund' means the E-Government Fund established under
section 3604;
``(6) `interoperability' means the ability of different
operating and software systems, applications, and services to
communicate and exchange data in an accurate, effective, and
consistent manner;
``(7) `integrated service delivery' means the provision of
Internet-based Federal Government information or services
integrated according to function or topic rather than separated
according to the boundaries of agency jurisdiction; and
``(8) `tribal government' means--
``(A) 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
``(B) any Alaska Native regional or village corporation
established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
``Sec. 3602. Office of Electronic Government
``(a) There is established in the Office of Management and Budget
an Office of Electronic Government.
``(b) There shall be at the head of the Office an Administrator who
shall be appointed by the President.
``(c) The Administrator shall assist the Director in carrying out--
``(1) all functions under this chapter;
``(2) all of the functions assigned to the Director under title
II of the E-Government Act of 2002; and
``(3) other electronic government initiatives, consistent with
other statutes.
``(d) The Administrator shall assist the Director and the Deputy
Director for Management and work with the Administrator of the Office
of Information and Regulatory Affairs in setting strategic direction
for implementing electronic Government, under relevant statutes,
including--
``(1) chapter 35;
``(2) subtitle III of title 40, United States Code;
``(3) section 552a of title 5 (commonly referred to as the
`Privacy Act');
``(4) the Government Paperwork Elimination Act (44 U.S.C. 3504
note); and
``(5) the Federal Information Security Management Act of 2002.
``(e) The Administrator shall work with the Administrator of the
Office of Information and Regulatory Affairs and with other offices
within the Office of Management and Budget to oversee implementation of
electronic Government under this chapter, chapter 35, the E-Government
Act of 2002, and other relevant statutes, in a manner consistent with
law, relating to--
``(1) capital planning and investment control for information
technology;
``(2) the development of enterprise architectures;
``(3) information security;
``(4) privacy;
``(5) access to, dissemination of, and preservation of
Government information;
``(6) accessibility of information technology for persons with
disabilities; and
``(7) other areas of electronic Government.
``(f) Subject to requirements of this chapter, the Administrator
shall assist the Director by performing electronic Government functions
as follows:
``(1) Advise the Director on the resources required to develop
and effectively administer electronic Government initiatives.
``(2) Recommend to the Director changes relating to
Governmentwide strategies and priorities for electronic Government.
``(3) Provide overall leadership and direction to the executive
branch on electronic Government.
``(4) Promote innovative uses of information technology by
agencies, particularly initiatives involving multiagency
collaboration, through support of pilot projects, research,
experimentation, and the use of innovative technologies.
``(5) Oversee the distribution of funds from, and ensure
appropriate administration and coordination of, the E-Government
Fund established under section 3604.
``(6) Coordinate with the Administrator of General Services
regarding programs undertaken by the General Services
Administration to promote electronic government and the efficient
use of information technologies by agencies.
``(7) Lead the activities of the Chief Information Officers
Council established under section 3603 on behalf of the Deputy
Director for Management, who shall chair the council.
``(8) Assist the Director in establishing policies which shall
set the framework for information technology standards for the
Federal Government developed by the National Institute of Standards
and Technology and promulgated by the Secretary of Commerce under
section 11331 of title 40, taking into account, if appropriate,
recommendations of the Chief Information Officers Council, experts,
and interested parties from the private and nonprofit sectors and
State, local, and tribal governments, and maximizing the use of
commercial standards as appropriate, including the following:
``(A) Standards and guidelines for interconnectivity and
interoperability as described under section 3504.
``(B) Consistent with the process under section 207(d) of
the E-Government Act of 2002, standards and guidelines for
categorizing Federal Government electronic information to
enable efficient use of technologies, such as through the use
of extensible markup language.
``(C) Standards and guidelines for Federal Government
computer system efficiency and security.
``(9) Sponsor ongoing dialogue that--
``(A) shall be conducted among Federal, State, local, and
tribal government leaders on electronic Government in the
executive, legislative, and judicial branches, as well as
leaders in the private and nonprofit sectors, to encourage
collaboration and enhance understanding of best practices and
innovative approaches in acquiring, using, and managing
information resources;
``(B) is intended to improve the performance of governments
in collaborating on the use of information technology to
improve the delivery of Government information and services;
and
``(C) may include--
``(i) development of innovative models--
``(I) for electronic Government management and
Government information technology contracts; and
``(II) that may be developed through focused
discussions or using separately sponsored research;
``(ii) identification of opportunities for public-
private collaboration in using Internet-based technology to
increase the efficiency of Government-to-business
transactions;
``(iii) identification of mechanisms for providing
incentives to program managers and other Government
employees to develop and implement innovative uses of
information technologies; and
``(iv) identification of opportunities for public,
private, and intergovernmental collaboration in addressing
the disparities in access to the Internet and information
technology.
``(10) Sponsor activities to engage the general public in the
development and implementation of policies and programs,
particularly activities aimed at fulfilling the goal of using the
most effective citizen-centered strategies and those activities
which engage multiple agencies providing similar or related
information and services.
``(11) Oversee the work of the General Services Administration
and other agencies in developing the integrated Internet-based
system under section 204 of the E-Government Act of 2002.
``(12) Coordinate with the Administrator for Federal
Procurement Policy to ensure effective implementation of electronic
procurement initiatives.
``(13) Assist Federal agencies, including the General Services
Administration, the Department of Justice, and the United States
Access Board in--
``(A) implementing accessibility standards under section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
``(B) ensuring compliance with those standards through the
budget review process and other means.
``(14) Oversee the development of enterprise architectures
within and across agencies.
``(15) Assist the Director and the Deputy Director for
Management in overseeing agency efforts to ensure that electronic
Government activities incorporate adequate, risk-based, and cost-
effective security compatible with business processes.
``(16) Administer the Office of Electronic Government
established under this section.
``(17) Assist the Director in preparing the E-Government report
established under section 3606.
``(g) The Director shall ensure that the Office of Management and
Budget, including the Office of Electronic Government, the Office of
Information and Regulatory Affairs, and other relevant offices, have
adequate staff and resources to properly fulfill all functions under
the E-Government Act of 2002.
``Sec. 3603. Chief Information Officers Council
``(a) There is established in the executive branch a Chief
Information Officers Council.
``(b) The members of the Council shall be as follows:
``(1) The Deputy Director for Management of the Office of
Management and Budget, who shall act as chairperson of the Council.
``(2) The Administrator of the Office of Electronic Government.
``(3) The Administrator of the Office of Information and
Regulatory Affairs.
``(4) The chief information officer of each agency described
under section 901(b) of title 31.
``(5) The chief information officer of the Central Intelligence
Agency.
``(6) The chief information officer of the Department of the
Army, the Department of the Navy, and the Department of the Air
Force, if chief information officers have been designated for such
departments under section 3506(a)(2)(B).
``(7) Any other officer or employee of the United States
designated by the chairperson.
``(c)(1) The Administrator of the Office of Electronic Government
shall lead the activities of the Council on behalf of the Deputy
Director for Management.
``(2)(A) The Vice Chairman of the Council shall be selected by the
Council from among its members.
``(B) The Vice Chairman shall serve a 1-year term, and may serve
multiple terms.
``(3) The Administrator of General Services shall provide
administrative and other support for the Council.
``(d) The Council is designated the principal interagency forum for
improving agency practices related to the design, acquisition,
development, modernization, use, operation, sharing, and performance of
Federal Government information resources.
``(e) In performing its duties, the Council shall consult regularly
with representatives of State, local, and tribal governments.
``(f) The Council shall perform functions that include the
following:
``(1) Develop recommendations for the Director on Government
information resources management policies and requirements.
``(2) Share experiences, ideas, best practices, and innovative
approaches related to information resources management.
``(3) Assist the Administrator in the identification,
development, and coordination of multiagency projects and other
innovative initiatives to improve Government performance through
the use of information technology.
``(4) Promote the development and use of common performance
measures for agency information resources management under this
chapter and title II of the E-Government Act of 2002.
``(5) Work as appropriate with the National Institute of
Standards and Technology and the Administrator to develop
recommendations on information technology standards developed under
section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3) and promulgated under section 11331 of title
40, and maximize the use of commercial standards as appropriate,
including the following:
``(A) Standards and guidelines for interconnectivity and
interoperability as described under section 3504.
``(B) Consistent with the process under section 207(d) of
the E-Government Act of 2002, standards and guidelines for
categorizing Federal Government electronic information to
enable efficient use of technologies, such as through the use
of extensible markup language.
``(C) Standards and guidelines for Federal Government
computer system efficiency and security.
``(6) Work with the Office of Personnel Management to assess
and address the hiring, training, classification, and professional
development needs of the Government related to information
resources management.
``(7) Work with the Archivist of the United States to assess
how the Federal Records Act can be addressed effectively by Federal
information resources management activities.
``Sec. 3604. E-Government Fund
``(a)(1) There is established in the Treasury of the United States
the E-Government Fund.
``(2) The Fund shall be administered by the Administrator of the
General Services Administration to support projects approved by the
Director, assisted by the Administrator of the Office of Electronic
Government, that enable the Federal Government to expand its ability,
through the development and implementation of innovative uses of the
Internet or other electronic methods, to conduct activities
electronically.
``(3) Projects under this subsection may include efforts to--
``(A) make Federal Government information and services more
readily available to members of the public (including individuals,
businesses, grantees, and State and local governments);
``(B) make it easier for the public to apply for benefits,
receive services, pursue business opportunities, submit
information, and otherwise conduct transactions with the Federal
Government; and
``(C) enable Federal agencies to take advantage of information
technology in sharing information and conducting transactions with
each other and with State and local governments.
``(b)(1) The Administrator shall--
``(A) establish procedures for accepting and reviewing
proposals for funding;
``(B) consult with interagency councils, including the Chief
Information Officers Council, the Chief Financial Officers Council,
and other interagency management councils, in establishing
procedures and reviewing proposals; and
``(C) assist the Director in coordinating resources that
agencies receive from the Fund with other resources available to
agencies for similar purposes.
``(2) When reviewing proposals and managing the Fund, the
Administrator shall observe and incorporate the following procedures:
``(A) A project requiring substantial involvement or funding
from an agency shall be approved by a senior official with
agencywide authority on behalf of the head of the agency, who shall
report directly to the head of the agency.
``(B) Projects shall adhere to fundamental capital planning and
investment control processes.
``(C) Agencies shall identify in their proposals resource
commitments from the agencies involved and how these resources
would be coordinated with support from the Fund, and include plans
for potential continuation of projects after all funds made
available from the Fund are expended.
``(D) After considering the recommendations of the interagency
councils, the Director, assisted by the Administrator, shall have
final authority to determine which of the candidate projects shall
be funded from the Fund.
``(E) Agencies shall assess the results of funded projects.
``(c) In determining which proposals to recommend for funding, the
Administrator--
``(1) shall consider criteria that include whether a proposal--
``(A) identifies the group to be served, including
citizens, businesses, the Federal Government, or other
governments;
``(B) indicates what service or information the project
will provide that meets needs of groups identified under
subparagraph (A);
``(C) ensures proper security and protects privacy;
``(D) is interagency in scope, including projects
implemented by a primary or single agency that--
``(i) could confer benefits on multiple agencies; and
``(ii) have the support of other agencies; and
``(E) has performance objectives that tie to agency
missions and strategic goals, and interim results that relate
to the objectives; and
``(2) may also rank proposals based on criteria that include
whether a proposal--
``(A) has Governmentwide application or implications;
``(B) has demonstrated support by the public to be served;
``(C) integrates Federal with State, local, or tribal
approaches to service delivery;
``(D) identifies resource commitments from nongovernmental
sectors;
``(E) identifies resource commitments from the agencies
involved;
``(F) uses web-based technologies to achieve objectives;
``(G) identifies records management and records access
strategies;
``(H) supports more effective citizen participation in and
interaction with agency activities that further progress toward
a more citizen-centered Government;
``(I) directly delivers Government information and services
to the public or provides the infrastructure for delivery;
``(J) supports integrated service delivery;
``(K) describes how business processes across agencies will
reflect appropriate transformation simultaneous to technology
implementation; and
``(L) is new or innovative and does not supplant existing
funding streams within agencies.
``(d) The Fund may be used to fund the integrated Internet-based
system under section 204 of the E-Government Act of 2002.
``(e) None of the funds provided from the Fund may be transferred
to any agency until 15 days after the Administrator of the General
Services Administration has submitted to the Committees on
Appropriations of the Senate and the House of Representatives, the
Committee on Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, and the appropriate
authorizing committees of the Senate and the House of Representatives,
a notification and description of how the funds are to be allocated and
how the expenditure will further the purposes of this chapter.
``(f)(1) The Director shall report annually to Congress on the
operation of the Fund, through the report established under section
3606.
``(2) The report under paragraph (1) shall describe--
``(A) all projects which the Director has approved for funding
from the Fund; and
``(B) the results that have been achieved to date for these
funded projects.
``(g)(1) There are authorized to be appropriated to the Fund--
``(A) $45,000,000 for fiscal year 2003;
``(B) $50,000,000 for fiscal year 2004;
``(C) $100,000,000 for fiscal year 2005;
``(D) $150,000,000 for fiscal year 2006; and
``(E) such sums as are necessary for fiscal year 2007.
``(2) Funds appropriated under this subsection shall remain
available until expended.
``Sec. 3605. Program to encourage innovative solutions to enhance
electronic Government services and processes
``(a) Establishment of Program.--The Administrator shall establish
and promote a Governmentwide program to encourage contractor innovation
and excellence in facilitating the development and enhancement of
electronic Government services and processes.
``(b) Issuance of Announcements Seeking Innovative Solutions.--
Under the program, the Administrator, in consultation with the Council
and the Administrator for Federal Procurement Policy, shall issue
announcements seeking unique and innovative solutions to facilitate the
development and enhancement of electronic Government services and
processes.
``(c) Multiagency Technical Assistance Team.--(1) The
Administrator, in consultation with the Council and the Administrator
for Federal Procurement Policy, shall convene a multiagency technical
assistance team to assist in screening proposals submitted to the
Administrator to provide unique and innovative solutions to facilitate
the development and enhancement of electronic Government services and
processes. The team shall be composed of employees of the agencies
represented on the Council who have expertise in scientific and
technical disciplines that would facilitate the assessment of the
feasibility of the proposals.
``(2) The technical assistance team shall--
``(A) assess the feasibility, scientific and technical merits,
and estimated cost of each proposal; and
``(B) submit each proposal, and the assessment of the proposal,
to the Administrator.
``(3) The technical assistance team shall not consider or evaluate
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
``(4) After receiving proposals and assessments from the technical
assistance team, the Administrator shall consider recommending
appropriate proposals for funding under the E-Government Fund
established under section 3604 or, if appropriate, forward the proposal
and the assessment of it to the executive agency whose mission most
coincides with the subject matter of the proposal.
``Sec. 3606. E-Government report
``(a) Not later than March 1 of each year, the Director shall
submit an E-Government status report to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives.
``(b) The report under subsection (a) shall contain--
``(1) a summary of the information reported by agencies under
section 202(f) of the E-Government Act of 2002;
``(2) the information required to be reported by section
3604(f); and
``(3) a description of compliance by the Federal Government
with other goals and provisions of the E-Government Act of 2002.''.
(b) Technical and Conforming Amendment.--The table of chapters for
title 44, United States Code, is amended by inserting after the item
relating to chapter 35 the following:
``36. Management and Promotion of Electronic Government Services.3601''.
SEC. 102. CONFORMING AMENDMENTS.
(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.''.
TITLE II--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT
SERVICES
SEC. 201. DEFINITIONS.
Except as otherwise provided, in this title the definitions under
sections 3502 and 3601 of title 44, United States Code, shall apply.
SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.
(a) In General.--The head of each agency shall be responsible for--
(1) complying with the requirements of this Act (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.
SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND
ACCEPTANCE OF ELECTRONIC SIGNATURES.
(a) Purpose.--The purpose of this section is to achieve
interoperable implementation of electronic signatures for appropriately
secure electronic transactions with Government.
(b) Electronic Signatures.--In order to fulfill the objectives of
the Government Paperwork Elimination Act (Public Law 105-277; 112 Stat.
2681-749 through 2681-751), each Executive agency (as defined under
section 105 of title 5, United States Code) shall ensure that its
methods for use and acceptance of electronic signatures are compatible
with the relevant policies and procedures issued by the Director.
(c) Authority for Electronic Signatures.--The Administrator of
General Services shall support the Director by establishing a framework
to allow efficient interoperability among Executive agencies when using
electronic signatures, including processing of digital signatures.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the General Services Administration, to ensure the
development and operation of a Federal bridge certification authority
for digital signature compatibility, and for other activities
consistent with this section, $8,000,000 or such sums as are necessary
in fiscal year 2003, and such sums as are necessary for each fiscal
year thereafter.
SEC. 204. FEDERAL INTERNET PORTAL.
(a) In General.--
(1) Public access.--The Director shall work with the
Administrator of the General Services Administration and other
agencies to maintain and promote an integrated Internet-based
system of providing the public with access to Government
information and services.
(2) Criteria.--To the extent practicable, the integrated system
shall be designed and operated according to the following criteria:
(A) The provision of Internet-based Government information
and services directed to key groups, including citizens,
business, and other governments, and integrated according to
function or topic rather than separated according to the
boundaries of agency jurisdiction.
(B) An ongoing effort to ensure that Internet-based
Government services relevant to a given citizen activity are
available from a single point.
(C) Access to Federal Government information and services
consolidated, as appropriate, with Internet-based information
and services provided by State, local, and tribal governments.
(D) Access to Federal Government information held by 1 or
more agencies shall be made available in a manner that protects
privacy, consistent with law.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the General Services Administration $15,000,000 for the
maintenance, improvement, and promotion of the integrated Internet-
based system for fiscal year 2003, and such sums as are necessary for
fiscal years 2004 through 2007.
SEC. 205. FEDERAL COURTS.
(a) Individual Court Websites.--The Chief Justice of the United
States, the chief judge of each circuit and district and of the Court
of Federal Claims, and the chief bankruptcy judge of each district
shall cause to be established and maintained, for the court of which
the judge is chief justice or judge, a website that contains the
following information or links to websites with the following
information:
(1) Location and contact information for the courthouse,
including the telephone numbers and contact names for the clerk's
office and justices' or judges' chambers.
(2) Local rules and standing or general orders of the court.
(3) Individual rules, if in existence, of each justice or judge
in that court.
(4) Access to docket information for each case.
(5) Access to the substance of all written opinions issued by
the court, regardless of whether such opinions are to be published
in the official court reporter, in a text searchable format.
(6) Access to documents filed with the courthouse in electronic
form, to the extent provided under subsection (c).
(7) Any other information (including forms in a format that can
be downloaded) that the court determines useful to the public.
(b) Maintenance of Data Online.--
(1) Update of information.--The information and rules on each
website shall be updated regularly and kept reasonably current.
(2) Closed cases.--Electronic files and docket information for
cases closed for more than 1 year are not required to be made
available online, except all written opinions with a date of
issuance after the effective date of this section 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.
SEC. 206. REGULATORY AGENCIES.
(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).
SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF GOVERNMENT
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.
SEC. 208. PRIVACY PROVISIONS.
(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.
SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE DEVELOPMENT.
(a) Purpose.--The purpose of this section is to improve the skills
of the Federal workforce in using information technology to deliver
Government information and services.
(b) Workforce Development.--
(1) In general.--In consultation with the Director of the
Office of Management and Budget, the Chief Information Officers
Council, and the Administrator of General Services, the Director of
the Office of Personnel Management shall--
(A) analyze, on an ongoing basis, the personnel needs of
the Federal Government related to information technology and
information resource management;
(B) identify where current information technology and
information resource management training do not satisfy the
personnel needs described in subparagraph (A);
(C) oversee the development of curricula, training methods,
and training priorities that correspond to the projected
personnel needs of the Federal Government related to
information technology and information resource management; and
(D) assess the training of Federal employees in information
technology disciplines in order to ensure that the information
resource management needs of the Federal Government are
addressed.
(2) Information technology training programs.--The head of each
Executive agency, after consultation with the Director of the
Office of Personnel Management, the Chief Information Officers
Council, and the Administrator of General Services, shall establish
and operate information technology training programs consistent
with the requirements of this subsection. Such programs shall--
(A) have curricula covering a broad range of information
technology disciplines corresponding to the specific
information technology and information resource management
needs of the agency involved;
(B) be developed and applied according to rigorous
standards; and
(C) be designed to maximize efficiency, through the use of
self-paced courses, online courses, on-the-job training, and
the use of remote instructors, wherever such features can be
applied without reducing the effectiveness of the training or
negatively impacting academic standards.
(3) Governmentwide policies and evaluation.--The Director of
the Office of Personnel Management, in coordination with the
Director of the Office of Management and Budget, shall issue
policies to promote the development of performance standards for
training and uniform implementation of this subsection by Executive
agencies, with due regard for differences in program requirements
among agencies that may be appropriate and warranted in view of the
agency mission. The Director of the Office of Personnel Management
shall evaluate the implementation of the provisions of this
subsection by Executive agencies.
(4) Chief information officer authorities and
responsibilities.--Subject to the authority, direction, and control
of the head of an Executive agency, the chief information officer
of such agency shall carry out all powers, functions, and duties of
the head of the agency with respect to implementation of this
subsection. The chief information officer shall ensure that the
policies of the agency head established in accordance with this
subsection are implemented throughout the agency.
(5) Information technology training reporting.--The Director of
the Office of Management and Budget shall ensure that the heads of
Executive agencies collect and maintain standardized information on
the information technology and information resources management
workforce related to the implementation of this subsection.
(6) Authority to detail employees to non-Federal employers.--In
carrying out the preceding provisions of this subsection, the
Director of the Office of Personnel Management may provide for a
program under which a Federal employee may be detailed to a non-
Federal employer. The Director of the Office of Personnel
Management shall prescribe regulations for such program, including
the conditions for service and duties as the Director considers
necessary.
(7) Coordination provision.--An assignment described in section
3703 of title 5, United States Code, may not be made unless a
program under paragraph (6) is established, and the assignment is
made in accordance with the requirements of such program.
(8) Employee participation.--Subject to information resource
management needs and the limitations imposed by resource needs in
other occupational areas, and consistent with their overall
workforce development strategies, agencies shall encourage
employees to participate in occupational information technology
training.
(9) Authorization of Appropriations.--There are authorized to
be appropriated to the Office of Personnel Management for the
implementation of this subsection, $15,000,000 in fiscal year 2003,
and such sums as are necessary for each fiscal year thereafter.
(10) Executive agency defined.--For purposes of this
subsection, the term ``Executive agency'' has the meaning given the
term ``agency'' under section 3701 of title 5, United States Code
(as added by subsection (c)).
(c) Information Technology Exchange Program.--
(1) In general.--Subpart B of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 37--INFORMATION TECHNOLOGY EXCHANGE PROGRAM
``Sec.
``3701. Definitions.
``3702. General provisions.
``3703. Assignment of employees to private sector organizations.
``3704. Assignment of employees from private sector organizations.
``3705. Application to Office of the Chief Technology Officer of the
District of Columbia.
``3706. Reporting requirement.
``3707. Regulations.
``Sec. 3701. Definitions
``For purposes of this chapter--
``(1) the term `agency' means an Executive agency, but does not
include the General Accounting Office; and
``(2) the term `detail' means--
``(A) the assignment or loan of an employee of an agency to
a private sector organization without a change of position from
the agency that employs the individual, or
``(B) the assignment or loan of an employee of a private
sector organization to an agency without a change of position
from the private sector organization that employs the
individual,
whichever is appropriate in the context in which such term is used.
``Sec. 3702. General provisions
``(a) Assignment Authority.--On request from or with the agreement
of a private sector organization, and with the consent of the employee
concerned, the head of an agency may arrange for the assignment of an
employee of the agency to a private sector organization or an employee
of a private sector organization to the agency. An eligible employee is
an individual who--
``(1) works in the field of information technology management;
``(2) is considered an exceptional performer by the
individual's current employer; and
``(3) is expected to assume increased information technology
management responsibilities in the future.
An employee of an agency shall be eligible to participate in this
program only if the employee is employed at the GS-11 level or above
(or equivalent) and is serving under a career or career-conditional
appointment or an appointment of equivalent tenure in the excepted
service, and applicable requirements of section 209(b) of the E-
Government Act of 2002 are met with respect to the proposed assignment
of such employee.
``(b) Agreements.--Each agency that exercises its authority under
this chapter shall provide for a written agreement between the agency
and the employee concerned regarding the terms and conditions of the
employee's assignment. In the case of an employee of the agency, the
agreement shall--
``(1) require the employee to serve in the civil service, upon
completion of the assignment, for a period equal to the length of
the assignment; and
``(2) provide that, in the event the employee fails to carry
out the agreement (except for good and sufficient reason, as
determined by the head of the agency from which assigned) the
employee shall be liable to the United States for payment of all
expenses of the assignment.
An amount under paragraph (2) shall be treated as a debt due the United
States.
``(c) Termination.--Assignments may be terminated by the agency or
private sector organization concerned for any reason at any time.
``(d) Duration.--Assignments under this chapter shall be for a
period of between 3 months and 1 year, and may be extended in 3-month
increments for a total of not more than 1 additional year, except that
no assignment under this chapter may commence after the end of the 5-
year period beginning on the date of the enactment of this chapter.
``(e) Assistance.--The Chief Information Officers Council, by
agreement with the Office of Personnel Management, may assist in the
administration of this chapter, including by maintaining lists of
potential candidates for assignment under this chapter, establishing
mentoring relationships for the benefit of individuals who are given
assignments under this chapter, and publicizing the program.
``(f) Considerations.--In exercising any authority under this
chapter, an agency shall take into consideration--
``(1) the need to ensure that small business concerns are
appropriately represented with respect to the assignments described
in sections 3703 and 3704, respectively; and
``(2) how assignments described in section 3703 might best be
used to help meet the needs of the agency for the training of
employees in information technology management.
``Sec. 3703. Assignment of employees to private sector organizations
``(a) In General.--An employee of an agency assigned to a private
sector organization under this chapter is deemed, during the period of
the assignment, to be on detail to a regular work assignment in his
agency.
``(b) Coordination With Chapter 81.--Notwithstanding any other
provision of law, an employee of an agency assigned to a private sector
organization under this chapter is entitled to retain coverage, rights,
and benefits under subchapter I of chapter 81, and employment during
the assignment is deemed employment by the United States, except that,
if the employee or the employee's dependents receive from the private
sector organization any payment under an insurance policy for which the
premium is wholly paid by the private sector organization, or other
benefit of any kind on account of the same injury or death, then, the
amount of such payment or benefit shall be credited against any
compensation otherwise payable under subchapter I of chapter 81.
``(c) Reimbursements.--The assignment of an employee to a private
sector organization under this chapter may be made with or without
reimbursement by the private sector organization for the travel and
transportation expenses to or from the place of assignment, subject to
the same terms and conditions as apply with respect to an employee of a
Federal agency or a State or local government under section 3375, and
for the pay, or a part thereof, of the employee during assignment. Any
reimbursements shall be credited to the appropriation of the agency
used for paying the travel and transportation expenses or pay.
``(d) Tort Liability; Supervision.--The Federal Tort Claims Act and
any other Federal tort liability statute apply to an employee of an
agency assigned to a private sector organization under this chapter.
The supervision of the duties of an employee of an agency so assigned
to a private sector organization may be governed by an agreement
between the agency and the organization.
``(e) Small Business Concerns.--
``(1) In general.--The head of each agency shall take such
actions as may be necessary to ensure that, of the assignments made
under this chapter from such agency to private sector organizations
in each year, at least 20 percent are to small business concerns.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `small business concern' means a business
concern that satisfies the definitions and standards specified
by the Administrator of the Small Business Administration under
section 3(a)(2) of the Small Business Act (as from time to time
amended by the Administrator);
``(B) the term `year' refers to the 12-month period
beginning on the date of the enactment of this chapter, and
each succeeding 12-month period in which any assignments under
this chapter may be made; and
``(C) the assignments `made' in a year are those commencing
in such year.
``(3) Reporting requirement.--An agency which fails to comply
with paragraph (1) in a year shall, within 90 days after the end of
such year, submit a report to the Committees on Government Reform
and Small Business of the House of Representatives and the
Committees on Governmental Affairs and Small Business of the
Senate. The report shall include--
``(A) the total number of assignments made under this
chapter from such agency to private sector organizations in the
year;
``(B) of that total number, the number (and percentage)
made to small business concerns; and
``(C) the reasons for the agency's noncompliance with
paragraph (1).
``(4) Exclusion.--This subsection shall not apply to an agency
in any year in which it makes fewer than 5 assignments under this
chapter to private sector organizations.
``Sec. 3704. Assignment of employees from private sector organizations
``(a) In General.--An employee of a private sector organization
assigned to an agency under this chapter is deemed, during the period
of the assignment, to be on detail to such agency.
``(b) Terms and Conditions.--An employee of a private sector
organization assigned to an agency under this chapter--
``(1) may continue to receive pay and benefits from the private
sector organization from which he is assigned;
``(2) is deemed, notwithstanding subsection (a), to be an
employee of the agency for the purposes of--
``(A) chapter 73;
``(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other Federal
tort liability statute;
``(E) the Ethics in Government Act of 1978;
``(F) section 1043 of the Internal Revenue Code of 1986;
and
``(G) section 27 of the Office of Federal Procurement
Policy Act;
``(3) may not have access to any trade secrets or to any other
nonpublic information which is of commercial value to the private
sector organization from which he is assigned; and
``(4) is subject to such regulations as the President may
prescribe.
The supervision of an employee of a private sector organization
assigned to an agency under this chapter may be governed by agreement
between the agency and the private sector organization concerned. Such
an assignment may be made with or without reimbursement by the agency
for the pay, or a part thereof, of the employee during the period of
assignment, or for any contribution of the private sector organization
to employee benefit systems.
``(c) Coordination With Chapter 81.--An employee of a private
sector organization assigned to an agency under this chapter who
suffers disability or dies as a result of personal injury sustained
while performing duties during the assignment shall be treated, for the
purpose of subchapter I of chapter 81, as an employee as defined by
section 8101 who had sustained the injury in the performance of duty,
except that, if the employee or the employee's dependents receive from
the private sector organization any payment under an insurance policy
for which the premium is wholly paid by the private sector
organization, or other benefit of any kind on account of the same
injury or death, then, the amount of such payment or benefit shall be
credited against any compensation otherwise payable under subchapter I
of chapter 81.
``(d) Prohibition Against Charging Certain Costs to the Federal
Government.--A private sector organization may not charge the Federal
Government, as direct or indirect costs under a Federal contract, the
costs of pay or benefits paid by the organization to an employee
assigned to an agency under this chapter for the period of the
assignment.
``Sec. 3705. Application to Office of the Chief Technology Officer of
the District of Columbia
``(a) In General.--The Chief Technology Officer of the District of
Columbia may arrange for the assignment of an employee of the Office of
the Chief Technology Officer to a private sector organization, or an
employee of a private sector organization to such Office, in the same
manner as the head of an agency under this chapter.
``(b) Terms and Conditions.--An assignment made pursuant to
subsection (a) shall be subject to the same terms and conditions as an
assignment made by the head of an agency under this chapter, except
that in applying such terms and conditions to an assignment made
pursuant to subsection (a), any reference in this chapter to a
provision of law or regulation of the United States shall be deemed to
be a reference to the applicable provision of law or regulation of the
District of Columbia, including the applicable provisions of the
District of Columbia Government Comprehensive Merit Personnel Act of
1978 (sec. 1-601.01 et seq., D.C. Official Code) and section 601 of the
District of Columbia Campaign Finance Reform and Conflict of Interest
Act (sec. 1-1106.01, D.C. Official Code).
``(c) Definition.--For purposes of this section, the term `Office
of the Chief Technology Officer' means the office established in the
executive branch of the government of the District of Columbia under
the Office of the Chief Technology Officer Establishment Act of 1998
(sec. 1-1401 et seq., D.C. Official Code).
``Sec. 3706. Reporting requirement
``(a) In General.--The Office of Personnel Management shall, not
later than April 30 and October 31 of each year, prepare and submit to
the Committee on Government Reform of the House of Representatives and
the Committee on Governmental Affairs of the Senate a semiannual report
summarizing the operation of this chapter during the immediately
preceding 6-month period ending on March 31 and September 30,
respectively.
``(b) Content.--Each report shall include, with respect to the 6-
month period to which such report relates--
``(1) the total number of individuals assigned to, and the
total number of individuals assigned from, each agency during such
period;
``(2) a brief description of each assignment included under
paragraph (1), including--
``(A) the name of the assigned individual, as well as the
private sector organization and the agency (including the
specific bureau or other agency component) to or from which
such individual was assigned;
``(B) the respective positions to and from which the
individual was assigned, including the duties and
responsibilities and the pay grade or level associated with
each; and
``(C) the duration and objectives of the individual's
assignment; and
``(3) such other information as the Office considers
appropriate.
``(c) Publication.--A copy of each report submitted under
subsection (a)--
``(1) shall be published in the Federal Register; and
``(2) shall be made publicly available on the Internet.
``(d) Agency Cooperation.--On request of the Office, agencies shall
furnish such information and reports as the Office may require in order
to carry out this section.
``Sec. 3707. Regulations
``The Director of the Office of Personnel Management shall
prescribe regulations for the administration of this chapter.''.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the General Accounting Office shall prepare
and 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 operation of chapter 37 of title 5, United
States Code (as added by this subsection). Such report shall
include--
(A) an evaluation of the effectiveness of the program
established by such chapter; and
(B) a recommendation as to whether such program should be
continued (with or without modification) or allowed to lapse.
(3) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating
to chapter 35 the following:
``37. Information Technology Exchange Program....................3701''.
(d) Ethics Provisions.--
(1) One-year restriction on certain communications.--Section
207(c)(2)(A) of title 18, United States Code, is amended--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the period at the end of clause (iv) and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) assigned from a private sector organization to an
agency under chapter 37 of title 5.''.
(2) Disclosure of confidential information.--Section 1905 of
title 18, United States Code, is amended by inserting ``or being an
employee of a private sector organization who is or was assigned to
an agency under chapter 37 of title 5,'' after ``(15 U.S.C. 1311-
1314),''.
(3) Contract advice.--Section 207 of title 18, United States
Code, is amended by adding at the end the following:
``(l) Contract Advice by Former Details.--Whoever, being an
employee of a private sector organization assigned to an agency under
chapter 37 of title 5, within one year after the end of that
assignment, knowingly represents or aids, counsels, or assists in
representing any other person (except the United States) in connection
with any contract with that agency shall be punished as provided in
section 216 of this title.''.
(4) Restriction on disclosure of procurement information.--
Section 27 of the Office of Federal Procurement Policy Act (41
U.S.C. 423) is amended in subsection (a)(1) by adding at the end
the following new sentence: ``In the case of an employee of a
private sector organization assigned to an agency under chapter 37
of title 5, United States Code, in addition to the restriction in
the preceding sentence, such employee shall not, other than as
provided by law, knowingly disclose contractor bid or proposal
information or source selection information during the three-year
period after the end of the assignment of such employee.''.
(e) Report on Existing Exchange Programs.--
(1) Exchange program defined.--For purposes of this subsection,
the term ``exchange program'' means an executive exchange program,
the program under subchapter VI of chapter 33 of title 5, United
States Code, and any other program which allows for--
(A) the assignment of employees of the Federal Government
to non-Federal employers;
(B) the assignment of employees of non-Federal employers to
the Federal Government; or
(C) both.
(2) Reporting requirement.--Not later than 1 year after the
date of the enactment of this Act, the Office of Personnel
Management shall prepare and submit to the Committee on Government
Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate a report identifying all
existing exchange programs.
(3) Specific information.--The report shall, for each such
program, include--
(A) a brief description of the program, including its size,
eligibility requirements, and terms or conditions for
participation;
(B) specific citation to the law or other authority under
which the program is established;
(C) the names of persons to contact for more information,
and how they may be reached; and
(D) any other information which the Office considers
appropriate.
(f) Report on the Establishment of a Governmentwide Information
Technology Training Program.--
(1) In general.--Not later January 1, 2003, the Office of
Personnel Management, in consultation with the Chief Information
Officers Council and the Administrator of General Services, shall
review and submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental Affairs
of the Senate a written report on the following:
(A) The adequacy of any existing information technology
training programs available to Federal employees on a
Governmentwide basis.
(B)(i) If one or more such programs already exist,
recommendations as to how they might be improved.
(ii) If no such program yet exists, recommendations as to
how such a program might be designed and established.
(C) With respect to any recommendations under subparagraph
(B), how the program under chapter 37 of title 5, United States
Code, might be used to help carry them out.
(2) Cost estimate.--The report shall, for any recommended
program (or improvements) under paragraph (1)(B), include the
estimated costs associated with the implementation and operation of
such program as so established (or estimated difference in costs of
any such program as so improved).
(g) Technical and Conforming Amendments.--
(1) Amendments to title 5, united states code.--Title 5, United
States Code, is amended--
(A) in section 3111, by adding at the end the following:
``(d) Notwithstanding section 1342 of title 31, the head of an
agency may accept voluntary service for the United States under chapter
37 of this title and regulations of the Office of Personnel
Management.'';
(B) in section 4108, by striking subsection (d); and
(C) in section 7353(b), by adding at the end the following:
``(4) Nothing in this section precludes an employee of a private
sector organization, while assigned to an agency under chapter 37, from
continuing to receive pay and benefits from such organization in
accordance with such chapter.''.
(2) Amendment to title 18, united states code.--Section 209 of
title 18, United States Code, is amended by adding at the end the
following:
``(g)(1) This section does not prohibit an employee of a private
sector organization, while assigned to an agency under chapter 37 of
title 5, from continuing to receive pay and benefits from such
organization in accordance with such chapter.
``(2) For purposes of this subsection, the term `agency' means an
agency (as defined by section 3701 of title 5) and the Office of the
Chief Technology Officer of the District of Columbia.''.
(3) Other amendments.--Section 125(c)(1) of Public Law 100-238
(5 U.S.C. 8432 note) is amended--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(D) an individual assigned from a Federal agency to a
private sector organization under chapter 37 of title 5, United
States Code; and''.
SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
(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)).
SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY
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).
SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
(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.
SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
(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.
SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED INFORMATION
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.
SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.
(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.
SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS.
(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.
TITLE III--INFORMATION SECURITY
SEC. 301. INFORMATION SECURITY.
(a) Short Title.--This title may be cited as the ``Federal
Information Security Management Act of 2002''.
(b) Information Security.--
(1) In general.--Chapter 35 of title 44, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--INFORMATION SECURITY
``Sec. 3541. Purposes
``The purposes of this subchapter are to--
``(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
``(2) recognize the highly networked nature of the current
Federal computing environment and provide effective governmentwide
management and oversight of the related information security risks,
including coordination of information security efforts throughout
the civilian, national security, and law enforcement communities;
``(3) provide for development and maintenance of minimum
controls required to protect Federal information and information
systems;
``(4) provide a mechanism for improved oversight of Federal
agency information security programs;
``(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for the
protection of critical information infrastructures important to the
national defense and economic security of the nation that are
designed, built, and operated by the private sector; and
``(6) recognize that the selection of specific technical
hardware and software information security solutions should be left
to individual agencies from among commercially developed products.
``Sec. 3542. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under section 3502 shall apply to this subchapter.
``(b) Additional Definitions.--As used in this subchapter:
``(1) The term `information security' means protecting
information and information systems from unauthorized access, use,
disclosure, disruption, modification, or destruction in order to
provide--
``(A) integrity, which means guarding against improper
information modification or destruction, and includes ensuring
information nonrepudiation and authenticity;
``(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information; and
``(C) availability, which means ensuring timely and
reliable access to and use of information.
``(2)(A) The term `national security system' means any
information system (including any telecommunications system) used
or operated by an agency or by a contractor of an agency, or other
organization on behalf of an agency--
``(i) the function, operation, or use of which--
``(I) involves intelligence activities;
``(II) involves cryptologic activities related to
national security;
``(III) involves command and control of military
forces;
``(IV) involves equipment that is an integral part of a
weapon or weapons system; or
``(V) subject to subparagraph (B), is critical to the
direct fulfillment of military or intelligence missions; or
``(ii) is protected at all times by procedures established
for information that have been specifically authorized under
criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national
defense or foreign policy.
``(B) Subparagraph (A)(i)(V) does not include a system that is
to be used for routine administrative and business applications
(including payroll, finance, logistics, and personnel management
applications).
``(3) The term `information technology' has the meaning given
that term in section 11101 of title 40.
``Sec. 3543. Authority and functions of the Director
``(a) In General.--The Director shall oversee agency information
security policies and practices, including--
``(1) developing and overseeing the implementation of policies,
principles, standards, and guidelines on information security,
including through ensuring timely agency adoption of and compliance
with standards promulgated under section 11331 of title 40;
``(2) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements of this
subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(A) information collected or maintained by or on behalf
of an agency; or
``(B) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf of
an agency;
``(3) coordinating the development of standards and guidelines
under section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) with agencies and offices
operating or exercising control of national security systems
(including the National Security Agency) to assure, to the maximum
extent feasible, that such standards and guidelines are
complementary with standards and guidelines developed for national
security systems;
``(4) overseeing agency compliance with the requirements of
this subchapter, including through any authorized action under
section 11303 of title 40, to enforce accountability for compliance
with such requirements;
``(5) reviewing at least annually, and approving or
disapproving, agency information security programs required under
section 3544(b);
``(6) coordinating information security policies and procedures
with related information resources management policies and
procedures;
``(7) overseeing the operation of the Federal information
security incident center required under section 3546; and
``(8) reporting to Congress no later than March 1 of each year
on agency compliance with the requirements of this subchapter,
including--
``(A) a summary of the findings of evaluations required by
section 3545;
``(B) an assessment of the development, promulgation, and
adoption of, and compliance with, standards developed under
section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) and promulgated under section
11331 of title 40;
``(C) significant deficiencies in agency information
security practices;
``(D) planned remedial action to address such deficiencies;
and
``(E) a summary of, and the views of the Director on, the
report prepared by the National Institute of Standards and
Technology under section 20(d)(10) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3).
``(b) National Security Systems.--Except for the authorities
described in paragraphs (4) and (8) of subsection (a), the authorities
of the Director under this section shall not apply to national security
systems.
``(c) Department of Defense and Central Intelligence Agency
Systems.--(1) The authorities of the Director described in paragraphs
(1) and (2) of subsection (a) shall be delegated to the Secretary of
Defense in the case of systems described in paragraph (2) and to the
Director of Central Intelligence in the case of systems described in
paragraph (3).
``(2) The systems described in this paragraph are systems that are
operated by the Department of Defense, a contractor of the Department
of Defense, or another entity on behalf of the Department of Defense
that processes any information the unauthorized access, use,
disclosure, disruption, modification, or destruction of which would
have a debilitating impact on the mission of the Department of Defense.
``(3) The systems described in this paragraph are systems that are
operated by the Central Intelligence Agency, a contractor of the
Central Intelligence Agency, or another entity on behalf of the Central
Intelligence Agency that processes any information the unauthorized
access, use, disclosure, disruption, modification, or destruction of
which would have a debilitating impact on the mission of the Central
Intelligence Agency.
``Sec. 3544. Federal agency responsibilities
``(a) In General.--The head of each agency shall--
``(1) be responsible for--
``(A) providing information security protections
commensurate with the risk and magnitude of the harm resulting
from unauthorized access, use, disclosure, disruption,
modification, or destruction of--
``(i) information collected or maintained by or on
behalf of the agency; and
``(ii) information systems used or operated by an
agency or by a contractor of an agency or other
organization on behalf of an agency;
``(B) complying with the requirements of this subchapter
and related policies, procedures, standards, and guidelines,
including--
``(i) information security standards promulgated under
section 11331 of title 40; and
``(ii) information security standards and guidelines
for national security systems issued in accordance with law
and as directed by the President; and
``(C) ensuring that information security management
processes are integrated with agency strategic and operational
planning processes;
``(2) ensure that senior agency officials provide information
security for the information and information systems that support
the operations and assets under their control, including through--
``(A) assessing the risk and magnitude of the harm that
could result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such information or
information systems;
``(B) determining the levels of information security
appropriate to protect such information and information systems
in accordance with standards promulgated under section 11331 of
title 40, for information security classifications and related
requirements;
``(C) implementing policies and procedures to cost-
effectively reduce risks to an acceptable level; and
``(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
``(3) delegate to the agency Chief Information Officer
established under section 3506 (or comparable official in an agency
not covered by such section) the authority to ensure compliance
with the requirements imposed on the agency under this subchapter,
including--
``(A) designating a senior agency information security
officer who shall--
``(i) carry out the Chief Information Officer's
responsibilities under this section;
``(ii) possess professional qualifications, including
training and experience, required to administer the
functions described under this section;
``(iii) have information security duties as that
official's primary duty; and
``(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
``(B) developing and maintaining an agencywide information
security program as required by subsection (b);
``(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under section
3543 of this title, and section 11331 of title 40;
``(D) training and overseeing personnel with significant
responsibilities for information security with respect to such
responsibilities; and
``(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
``(4) ensure that the agency has trained personnel sufficient
to assist the agency in complying with the requirements of this
subchapter and related policies, procedures, standards, and
guidelines; and
``(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports annually
to the agency head on the effectiveness of the agency information
security program, including progress of remedial actions.
``(b) Agency Program.--Each agency shall develop, document, and
implement an agencywide information security program, approved by the
Director under section 3543(a)(5), to provide information security for
the information and information systems that support the operations and
assets of the agency, including those provided or managed by another
agency, contractor, or other source, that includes--
``(1) periodic assessments of the risk and magnitude of the
harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of information
and information systems that support the operations and assets of
the agency;
``(2) policies and procedures that--
``(A) are based on the risk assessments required by
paragraph (1);
``(B) cost-effectively reduce information security risks to
an acceptable level;
``(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
``(D) ensure compliance with--
``(i) the requirements of this subchapter;
``(ii) policies and procedures as may be prescribed by
the Director, and information security standards
promulgated under section 11331 of title 40;
``(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
``(iv) any other applicable requirements, including
standards and guidelines for national security systems
issued in accordance with law and as directed by the
President;
``(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
``(4) security awareness training to inform personnel,
including contractors and other users of information systems that
support the operations and assets of the agency, of--
``(A) information security risks associated with their
activities; and
``(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
``(5) periodic testing and evaluation of the effectiveness of
information security policies, procedures, and practices, to be
performed with a frequency depending on risk, but no less than
annually, of which such testing--
``(A) shall include testing of management, operational, and
technical controls of every information system identified in
the inventory required under section 3505(c); and
``(B) may include testing relied on in a evaluation under
section 3545;
``(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in the
information security policies, procedures, and practices of the
agency;
``(7) procedures for detecting, reporting, and responding to
security incidents, consistent with standards and guidelines issued
pursuant to section 3546(b), including--
``(A) mitigating risks associated with such incidents
before substantial damage is done;
``(B) notifying and consulting with the Federal information
security incident center referred to in section 3546; and
``(C) notifying and consulting with, as appropriate--
``(i) law enforcement agencies and relevant Offices of
Inspector General;
``(ii) an office designated by the President for any
incident involving a national security system; and
``(iii) any other agency or office, in accordance with
law or as directed by the President; and
``(8) plans and procedures to ensure continuity of operations
for information systems that support the operations and assets of
the agency.
``(c) Agency Reporting.--Each agency shall--
``(1) report annually to the Director, the Committees on
Government Reform and Science of the House of Representatives, the
Committees on Governmental Affairs and Commerce, Science, and
Transportation of the Senate, the appropriate authorization and
appropriations committees of Congress, and the Comptroller General
on the adequacy and effectiveness of information security policies,
procedures, and practices, and compliance with the requirements of
this subchapter, including compliance with each requirement of
subsection (b);
``(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and reports
relating to--
``(A) annual agency budgets;
``(B) information resources management under subchapter 1
of this chapter;
``(C) information technology management under subtitle III
of title 40;
``(D) program performance under sections 1105 and 1115
through 1119 of title 31, and sections 2801 and 2805 of title
39;
``(E) financial management under chapter 9 of title 31, and
the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
Public Law 101-576) (and the amendments made by that Act);
``(F) financial management systems under the Federal
Financial Management Improvement Act (31 U.S.C. 3512 note); and
``(G) internal accounting and administrative controls under
section 3512 of title 31, (known as the `Federal Managers
Financial Integrity Act'); and
``(3) report any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) or (2)--
``(A) as a material weakness in reporting under section
3512 of title 31; and
``(B) if relating to financial management systems, as an
instance of a lack of substantial compliance under the Federal
Financial Management Improvement Act (31 U.S.C. 3512 note).
``(d) Performance Plan.--(1) In addition to the requirements of
subsection (c), each agency, in consultation with the Director, shall
include as part of the performance plan required under section 1115 of
title 31 a description of--
``(A) the time periods, and
``(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under subsection
(b).
``(2) The description under paragraph (1) shall be based on the
risk assessments required under subsection (b)(2)(1).
``(e) Public Notice and Comment.--Each agency shall provide the
public with timely notice and opportunities for comment on proposed
information security policies and procedures to the extent that such
policies and procedures affect communication with the public.
``Sec. 3545. Annual independent evaluation
``(a) In General.--(1) Each year each agency shall have performed
an independent evaluation of the information security program and
practices of that agency to determine the effectiveness of such program
and practices.
``(2) Each evaluation under this section shall include--
``(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative subset of
the agency's information systems;
``(B) an assessment (made on the basis of the results of the
testing) of compliance with--
``(i) the requirements of this subchapter; and
``(ii) related information security policies, procedures,
standards, and guidelines; and
``(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
``(b) Independent Auditor.--Subject to subsection (c)--
``(1) for each agency with an Inspector General appointed under
the Inspector General Act of 1978, the annual evaluation required
by this section shall be performed by the Inspector General or by
an independent external auditor, as determined by the Inspector
General of the agency; and
``(2) for each agency to which paragraph (1) does not apply,
the head of the agency shall engage an independent external auditor
to perform the evaluation.
``(c) National Security Systems.--For each agency operating or
exercising control of a national security system, that portion of the
evaluation required by this section directly relating to a national
security system shall be performed--
``(1) only by an entity designated by the agency head; and
``(2) in such a manner as to ensure appropriate protection for
information associated with any information security vulnerability
in such system commensurate with the risk and in accordance with
all applicable laws.
``(d) Existing Evaluations.--The evaluation required by this
section may be based in whole or in part on an audit, evaluation, or
report relating to programs or practices of the applicable agency.
``(e) Agency Reporting.--(1) Each year, not later than such date
established by the Director, the head of each agency shall submit to
the Director the results of the evaluation required under this section.
``(2) To the extent an evaluation required under this section
directly relates to a national security system, the evaluation results
submitted to the Director shall contain only a summary and assessment
of that portion of the evaluation directly relating to a national
security system.
``(f) Protection of Information.--Agencies and evaluators shall
take appropriate steps to ensure the protection of information which,
if disclosed, may adversely affect information security. Such
protections shall be commensurate with the risk and comply with all
applicable laws and regulations.
``(g) OMB Reports to Congress.--(1) The Director shall summarize
the results of the evaluations conducted under this section in the
report to Congress required under section 3543(a)(8).
``(2) The Director's report to Congress under this subsection shall
summarize information regarding information security relating to
national security systems in such a manner as to ensure appropriate
protection for information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
``(3) Evaluations and any other descriptions of information systems
under the authority and control of the Director of Central Intelligence
or of National Foreign Intelligence Programs systems under the
authority and control of the Secretary of Defense shall be made
available to Congress only through the appropriate oversight committees
of Congress, in accordance with applicable laws.
``(h) Comptroller General.--The Comptroller General shall
periodically evaluate and report to Congress on--
``(1) the adequacy and effectiveness of agency information
security policies and practices; and
``(2) implementation of the requirements of this subchapter.
``Sec. 3546. Federal information security incident center
``(a) In General.--The Director shall ensure the operation of a
central Federal information security incident center to--
``(1) provide timely technical assistance to operators of
agency information systems regarding security incidents, including
guidance on detecting and handling information security incidents;
``(2) compile and analyze information about incidents that
threaten information security;
``(3) inform operators of agency information systems about
current and potential information security threats, and
vulnerabilities; and
``(4) consult with the National Institute of Standards and
Technology, agencies or offices operating or exercising control of
national security systems (including the National Security Agency),
and such other agencies or offices in accordance with law and as
directed by the President regarding information security incidents
and related matters.
``(b) National Security Systems.--Each agency operating or
exercising control of a national security system shall share
information about information security incidents, threats, and
vulnerabilities with the Federal information security incident center
to the extent consistent with standards and guidelines for national
security systems, issued in accordance with law and as directed by the
President.
``Sec. 3547. National security systems
``The head of each agency operating or exercising control of a
national security system shall be responsible for ensuring that the
agency--
``(1) provides information security protections commensurate
with the risk and magnitude of the harm resulting from the
unauthorized access, use, disclosure, disruption, modification, or
destruction of the information contained in such system;
``(2) implements information security policies and practices as
required by standards and guidelines for national security systems,
issued in accordance with law and as directed by the President; and
``(3) complies with the requirements of this subchapter.
``Sec. 3548. Authorization of appropriations
``There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary for each of
fiscal years 2003 through 2007.
``Sec. 3549. Effect on existing law
``Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards and Technology Act (15 U.S.C. 278g-3) may
be construed as affecting the authority of the President, the Office of
Management and Budget or the Director thereof, the National Institute
of Standards and Technology, or the head of any agency, with respect to
the authorized use or disclosure of information, including with regard
to the protection of personal privacy under section 552a of title 5,
the disclosure of information under section 552 of title 5, the
management and disposition of records under chapters 29, 31, or 33 of
title 44, the management of information resources under subchapter I of
chapter 35 of this title, or the disclosure of information to the
Congress or the Comptroller General of the United States. While this
subchapter is in effect, subchapter II of this chapter shall not
apply.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter 35 is amended by adding at the end the following:
``SUBCHAPTER III--INFORMATION SECURITY
``Sec.
``3541. Purposes.
``3542. Definitions.
``3543. Authority and functions of the Director.
``3544. Federal agency responsibilities.
``3545. Annual independent evaluation.
``3546. Federal information security incident center.
``3547. National security systems.
``3548. Authorization of appropriations.
``3549. Effect on existing law.''.
(c) Information Security Responsibilities of Certain Agencies.--
(1) National security responsibilities.--(A) Nothing in this
Act (including any amendment made by this Act) shall supersede any
authority of the Secretary of Defense, the Director of Central
Intelligence, or other agency head, as authorized by law and as
directed by the President, with regard to the operation, control,
or management of national security systems, as defined by section
3542(b)(2) of title 44, United States Code.
(B) Section 2224 of title 10, United States Code, is amended--
(i) in subsection (b), by striking ``(b) Objectives and
Minimum Requirements.--(1)'' and inserting ``(b) Objectives of
the Program.--'';
(ii) in subsection (b), by striking paragraph (2); and
(iii) in subsection (c), in the matter preceding paragraph
(1), by inserting ``, including through compliance with
subchapter III of chapter 35 of title 44'' after
``infrastructure''.
(2) Atomic energy act of 1954.--Nothing in this Act shall
supersede any requirement made by or under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.). Restricted data or formerly
restricted data shall be handled, protected, classified,
downgraded, and declassified in conformity with the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.).
SEC. 302. MANAGEMENT OF INFORMATION TECHNOLOGY.
(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.''.
SEC. 303. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
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.''.
SEC. 304. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD.
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.''.
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.
(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).
TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
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.
SEC. 402. 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.
TITLE V--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Confidential Information
Protection and Statistical Efficiency Act of 2002''.
SEC. 502. DEFINITIONS.
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).
SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
(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.
SEC. 504. EFFECT ON OTHER LAWS.
(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
SEC. 511. FINDINGS AND PURPOSES.
(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.
SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.
(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.
SEC. 513. FINES AND PENALTIES.
Whoever, being an officer, employee, or agent of an agency
acquiring information for exclusively statistical purposes, having
taken and subscribed the oath of office, or having sworn to observe the
limitations imposed by 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
SEC. 521. FINDINGS AND PURPOSES.
(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.
SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
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.
SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.
The head of each of the Designated Statistical Agencies shall--
(1) identify opportunities to eliminate duplication and
otherwise reduce reporting burden and cost imposed on the public in
providing information for statistical purposes;
(2) enter into joint statistical projects to improve the
quality and reduce the cost of statistical programs; and
(3) protect the confidentiality of individually identifiable
information acquired for statistical purposes by adhering to
safeguard principles, including--
(A) emphasizing to their officers, employees, and agents
the importance of protecting the confidentiality of information
in cases where the identity of individual respondents can
reasonably be inferred by either direct or indirect means;
(B) training their officers, employees, and agents in their
legal obligations to protect the confidentiality of
individually identifiable information and in the procedures
that must be followed to provide access to such information;
(C) implementing appropriate measures to assure the
physical and electronic security of confidential data;
(D) establishing a system of records that identifies
individuals accessing confidential data and the project for
which the data were required; and
(E) being prepared to document their compliance with
safeguard principles to other agencies authorized by law to
monitor such compliance.
SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL
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.
SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DESIGNATED
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.
SEC. 526. CONFORMING AMENDMENTS.
(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.