[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 803 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                 S. 803

_______________________________________________________________________

                                 AN ACT


 
   To enhance the management and promotion of electronic Government 
    services and processes by establishing an Office of Electronic 
     Government 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. Common protocols for geographic information systems.
Sec. 211. Share-in-savings program improvements.
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. Notification of obsolete or counterproductive provisions.
               TITLE III--GOVERNMENT INFORMATION SECURITY

Sec. 301. Information security.
     TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

Sec. 401. Authorization of appropriations.
Sec. 402. Effective dates.

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. 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 the governing body of any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
``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, by and with the advice and consent 
of the Senate.
    ``(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) division E of the Clinger-Cohen Act of 1996 (division 
        E of Public Law 104-106; 40 U.S.C. 1401 et seq.);
            ``(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);
            ``(5) the Government Information Security Reform Act; and
            ``(6) the Computer Security Act of 1987 (40 U.S.C. 759 
        note).
    ``(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 operate and maintain Federal Government 
        information systems.
            ``(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 by working with 
        authorized officials to establish information resources 
        management policies and requirements, and by reviewing 
        performance of each agency in acquiring, using, and managing 
        information resources.
            ``(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 under section 5131 of the Clinger-
        Cohen Act of 1996 (40 U.S.C. 1441), to be developed by the 
        National Institute of Standards and Technology and promulgated 
        by the Secretary of Commerce, 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, as 
        follows:
                    ``(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 of the Office of 
        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 section 3602.
            ``(17) Assist the Director in preparing the E-Government 
        report established under section 3605.
    ``(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 
        5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), as 
        follows:
                    ``(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 
3605.
    ``(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. 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         3601''.
                            Services.

SEC. 102. CONFORMING AMENDMENTS.

    (a) Electronic Government and Information Technologies.--
            (1) In general.--The Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 471 et seq.) is amended by 
        inserting after section 112 the following:

``SEC. 113. 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 the Federal Property and Administrative Services 
        Act of 1949 is amended by inserting after the item relating to 
        section 112 the following:

``Sec. 113. 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 information technology standards promulgated 
        under this Act 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 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 under 
        this Act 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 5142 of the Clinger-Cohen Act of 1996 (40 
        U.S.C. 1452).
            (2) Applicability.--Sections 202, 203, 210, and 214 of this 
        title 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, or for other activities consistent 
with this section, $8,000,000 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 the chief 
bankruptcy judge of each district shall establish with respect to the 
Supreme Court or the respective court of appeals, district, or 
bankruptcy court of a district, 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 all documents filed with the courthouse in 
        electronic form, described 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), 
        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.--The Judicial Conference 
        of the United States may promulgate rules under this subsection 
        to protect important privacy and security concerns.
    (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 section 552(a)(1) 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 3605 
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 90 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 1 year 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
                            (iii) 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 180 days 
        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 standards promulgated by the Secretary 
                        of Commerce 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 1 year 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 180 days 
        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) Availability of Government Information on the Internet.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, each agency shall--
                    (A) consult with the Committee and solicit public 
                comment;
                    (B) determine which Government information the 
                agency intends to make available and accessible to the 
                public on the Internet and by other means;
                    (C) develop priorities and schedules for making 
                that Government information available and accessible;
                    (D) make such final determinations, priorities, and 
                schedules available for public comment;
                    (E) post such final determinations, priorities, and 
                schedules on the Internet; and
                    (F) submit such final determinations, priorities, 
                and schedules to the Director, in the report 
                established under section 202(g).
            (2) Update.--Each agency shall update determinations, 
        priorities, and schedules of the agency, as needed, after 
        consulting with the Committee and soliciting public comment, if 
        appropriate.
    (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 
                National Science Foundation, working 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 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 
                                        center; 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 3605 of title 44 (as added by this Act).
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation 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.
    (h) Public Domain Directory of Public Federal Government 
Websites.--
            (1) Establishment.--Not later than 2 years after the 
        effective date of this title, the Director and each agency 
        shall--
                    (A) develop and establish a public domain directory 
                of public Federal Government websites; and
                    (B) post the directory on the Internet with a link 
                to the integrated Internet-based system established 
                under section 204.
            (2) Development.--With the assistance of each agency, the 
        Director shall--
                    (A) 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
                    (B) develop a public domain taxonomy of subjects 
                used to review and categorize public Federal Government 
                websites.
            (3) Update.--With the assistance of each agency, the 
        Administrator of the Office of Electronic Government shall--
                    (A) update the directory as necessary, but not less 
                than every 6 months; and
                    (B) solicit interested persons for improvements to 
                the directory.
    (i) Standards for Agency Websites.--Not later than 18 months after 
the effective date of this title, the Director shall promulgate 
guidance for agency websites that include--
            (1) requirements that websites include direct links to--
                    (A) descriptions of the mission and statutory 
                authority of the agency;
                    (B) the electronic reading rooms of the agency 
                relating to the disclosure of information under section 
                552 of title 5, United States Code (commonly referred 
                to as the Freedom of Information Act);
                    (C) information about the organizational structure 
                of the agency; and
                    (D) the strategic plan of the agency developed 
                under section 306 of title 5, United States Code; and
            (2) minimum agency goals to assist public users to navigate 
        agency websites, including--
                    (A) speed of retrieval of search results;
                    (B) the relevance of the results;
                    (C) tools to aggregate and disaggregate data; and
                    (D) security protocols to protect information.

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 includes any 
                        identifier permitting the physical or online 
                        contacting of a specific individual; or
                            (ii) initiating a new collection of 
                        information that--
                                    (I) will be collected, maintained, 
                                or disseminated using information 
                                technology; and
                                    (II) includes any identifier 
                                permitting the physical or online 
                                contacting of a specific individual, if 
                                the information concerns 10 or more 
                                persons.
                    (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 personally identifiable 
                        information 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 personally identifiable information 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.

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) In General.--In consultation with the Director, the Chief 
Information Officers Council, and the Administrator of General 
Services, the Director of the Office of Personnel Management shall--
            (1) analyze, on an ongoing basis, the personnel needs of 
        the Federal Government related to information technology and 
        information resource management;
            (2) 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
            (3) assess the training of Federal employees in information 
        technology disciplines, as necessary, in order to ensure that 
        the information resource management needs of the Federal 
        Government are addressed.
    (c) 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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of Personnel Management for the 
implementation of this section, $7,000,000 in fiscal year 2003, and 
such sums as are necessary for each fiscal year thereafter.

SEC. 210. 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 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 Secretary of the Interior 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 to the Department of the Interior such sums as are 
necessary to carry out this section, for each of the fiscal years 2003 
through 2007.

SEC. 211. SHARE-IN-SAVINGS PROGRAM IMPROVEMENTS.

    Section 5311 of the Clinger-Cohen Act of 1996 (divisions D and E of 
Public Law 104-106; 110 Stat. 692; 40 U.S.C. 1491) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the heads of two executive 
                agencies to carry out'' and inserting ``heads of 
                executive agencies to carry out a total of 5 projects 
                under'';
                    (B) by striking ``and'' at the end of paragraph 
                (1);
                    (C) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) encouraging the use of the contracting and sharing 
        approach described in paragraphs (1) and (2) by allowing the 
        head of the executive agency conducting a project under the 
        pilot program--
                    ``(A) to retain, until expended, out of the 
                appropriation accounts of the executive agency in which 
                savings computed under paragraph (2) are realized as a 
                result of the project, up to the amount equal to half 
                of the excess of--
                            ``(i) the total amount of the savings; over
                            ``(ii) the total amount of the portion of 
                        the savings paid to the private sector source 
                        for such project under paragraph (2); and
                    ``(B) to use the retained amount to acquire 
                additional information technology.'';
            (2) in subsection (b)--
                    (A) by inserting ``a project under'' after 
                ``authorized to carry out''; and
                    (B) by striking ``carry out one project and''; and
            (3) in subsection (c), by inserting before the period ``and 
        the Administrator for the Office of Electronic Government''; 
        and
            (4) by inserting after subsection (c) the following:
    ``(d) Report.--
            ``(1) In general.--After 5 pilot projects have been 
        completed, but no later than 3 years after the effective date 
        of this subsection, the Director shall submit a report on the 
        results of the projects to the Committee on Governmental 
        Affairs of the Senate and the Committee on Government Reform of 
        the House of Representatives.
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) a description of the reduced costs and other 
                measurable benefits of the pilot projects;
                    ``(B) a description of the ability of agencies to 
                determine the baseline costs of a project against which 
                savings would be measured; and
                    ``(C) recommendations of the Director relating to 
                whether Congress should provide general authority to 
                the heads of executive agencies to use a share-in-
                savings contracting approach to the acquisition of 
                information technology solutions for improving mission-
                related or administrative processes of the Federal 
                Government.''.

 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, including the underlying raw 
                        data, 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 recommendations that Congress or the 
                executive branch can implement, through 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) Privacy 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; and
            (3) other information consistent with section 552(b)(3) of 
        title 5, United States Code, 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 Secretary of Education, in consultation with 
the Secretary of Housing and Urban Development, the Secretary of 
Commerce, the Director of the National Science Foundation, and the 
Director of the Institute of Museum and Library Services, shall--
            (1) conduct a study 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 Department of Education any information 
and assistance necessary for the completion of the study and the report 
under this section.
    (e) Assistance.--
            (1) In general.--The Secretary of the Department 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 Secretary of Education, in 
        consultation with the Director of the Institute of Museum and 
        Library Services, the Director of the National Science 
        Foundation, 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 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.--In consultation 
with other agencies and organizations, the Department of Education 
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 to the Department of Education 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 
        Federal Emergency Management Agency shall enter into a contract 
        to conduct a study 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 Federal 
        Emergency Management Agency 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 Federal Emergency 
        Management Agency in carrying out this section.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Federal Emergency Management Agency 
        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 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 Federal Emergency Management Agency 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 Director of the National Science 
        Foundation 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 Director of the National Science 
        Foundation 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 to the National Science Foundation $950,000 in fiscal year 
2003 to carry out this section.

SEC. 216. NOTIFICATION OF OBSOLETE OR COUNTERPRODUCTIVE PROVISIONS.

    If the Director of the Office of Management and Budget makes a 
determination that any provision of this Act (including any amendment 
made by this Act) is obsolete or counterproductive to the purposes of 
this Act, as a result of changes in technology or any other reason, the 
Director shall submit notification of that determination to--
            (1) the Committee on Governmental Affairs of the Senate; 
        and
            (2) the Committee on Government Reform of the House of 
        Representatives.

               TITLE III--GOVERNMENT INFORMATION SECURITY

SEC. 301. INFORMATION SECURITY.

    (a) Addition of Short Title.--Subtitle G of title X of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106-398; 114 Stat. 1654A-266) is amended 
by inserting after the heading for the subtitle the following new 
section:

``SEC. 1060. SHORT TITLE.

    ``This subtitle may be cited as the `Government Information 
Security Reform Act'.''.
    (b) Continuation of Authority.--
            (1) In general.--Section 3536 of title 44, United States 
        Code, is repealed.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 35 of title 44, United States Code, is 
        amended by striking the item relating to section 3536.

     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, 215, and 216 
        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.

            Passed the Senate June 27, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                 S. 803

_______________________________________________________________________

                                 AN ACT

   To enhance the management and promotion of electronic Government 
    services and processes by establishing an Office of Electronic 
     Government 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.