[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3961 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3961

 To amend the E-Government Act of 2002 (44 U.S.C. 3501 note) to reform 
                   the electronic rulemaking process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2010

 Mr. Lieberman (for himself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the E-Government Act of 2002 (44 U.S.C. 3501 note) to reform 
                   the electronic rulemaking process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-Rulemaking Act of 2010''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Electronic rulemaking allows robust public involvement 
        in the regulatory process and increases transparency of how 
        regulations are developed.
            (2) Chapter 5 of title 5, United States Code, (commonly 
        referred to as the Administrative Procedures Act) codifies the 
        rulemaking process and opens it up to public participation.
            (3) Progress has been made in the e-rulemaking program of 
        the Federal Government which was a requirement in the E-
        Government Act of 2002 (44 U.S.C. 3501 note) including the 
        creation of Regulations.gov. However, the systems architecture 
        and implementation of the Federal Docket Management System have 
        run into limitations in electronic rulemaking.
            (4) A dedicated, stable appropriation for an enhanced core 
        system can be leveraged by agencies to bring growth and 
        innovation more effectively than the current agency fee-for-
        service funding models.
            (5) Lack of adequate data standardization for key data 
        practices makes it difficult for agencies and the public to 
        fully benefit from a Governmentwide rulemaking database.
            (6) A reliable, centralized rulemaking database that 
        improves on the current Federal Document Management System 
        architecture would allow agencies to share common elements, 
        while supporting interoperable agency applications that reflect 
        a diversity of rulemaking practices.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish a framework for governing, managing and 
        funding the next stage of the e-rulemaking program;
            (2) enhance the capabilities of the Federal Docket 
        Management System so that it can serve as effective core e-
        rulemaking support, while allowing the system to grow through 
        innovation to provide for the development of new functions, 
        tools and services, by both agencies and interested entities 
        outside of Government;
            (3) promote processes for discovering and disseminating 
        good e-rulemaking practices and identifying and overcoming 
        barriers to the evolution of e-rulemaking; and
            (4) encourage all Federal entities that participate in the 
        e-rulemaking process to work towards an accessible and 
        interoperable docket management system.

SEC. 3. GOVERNANCE, MANAGEMENT, AND FUNDING.

    (a) In General.--Section 206 of the E-Government Act of 2002 (44 
U.S.C. 3501 note) is amended--
            (1) in subsection (b), by striking ``To the extent 
        practicable as determined by the agency in consultation with 
        the Director, each'' and inserting ``Each'';
            (2) in subsection (c), by striking ``To the extent 
        practicable, agencies'' and inserting ``Agencies'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``To the extent 
                practicable, as determined by the agency in 
                consultation with the Director, agencies'' and 
                inserting ``Agencies''; and
                    (B) in paragraph (2), by striking ``to the extent 
                practicable, as determined by the agency in 
                consultation with the Director''; and
            (4) by striking subsection (e) and inserting the following:
    ``(e) Interagency E-Rulemaking Committee and Program Management 
Office.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the E-Rulemaking Act of 2010, the Director 
        shall establish--
                    ``(A) the Interagency E-Rulemaking Committee; and
                    ``(B) the Program Management Office.
            ``(2) Membership.--
                    ``(A) In general.--The Interagency E-Rulemaking 
                Committee shall be co-chaired by the Administrator of 
                the Office of Information and Regulatory Affairs and 
                the Administrator of the Office of Electronic 
                Government and shall include senior officers 
                knowledgeable about rulemaking practices from--
                            ``(i) the General Services Administration;
                            ``(ii) the Office of the Federal Register;
                            ``(iii) the Administrative Conference of 
                        the United States;
                            ``(iv) agencies designated by the Director 
                        that conduct substantial amounts of significant 
                        rulemaking;
                            ``(v) agencies designated by the Director 
                        that conduct relatively little rulemaking;
                            ``(vi) independent regulatory agencies (as 
                        defined under section 3502 of title 44, United 
                        States Code) designated by the Director; and
                            ``(vii) other agencies designated by the 
                        Director.
                    ``(B) Limitation.--Members of the Interagency E-
                Rulemaking Committee designated under clauses (iv), 
                (v), and (vi) may not comprise more than 50 percent of 
                all committee members.
            ``(3) Functions.--The Interagency E-Rulemaking Committee 
        shall--
                    ``(A) assist the Director in establishing a Program 
                Management Office to conduct and oversee the day-to-day 
                operations of the E-Rulemaking Program;
                    ``(B) advise the Program Management Office and the 
                Director on the needs and desires of agencies for e-
                rulemaking capabilities for functionality;
                    ``(C) develop recommendations for the Program 
                Management Office and the Director on e-rulemaking 
                policies and requirements;
                    ``(D) assist the Director, and the Program 
                Management Office in the identification, development, 
                and coordination of e-rulemaking projects and other 
                innovative initiatives to improve the Federal Docket 
                Management System;
                    ``(E) promote the development and use of common 
                performance measures for agency e-rulemaking resources 
                management;
                    ``(F) develop recommendations in consultation with 
                the Public E-Rulemaking Advisory Committee for the 
                online disclosure of rulemaking information to federal 
                agencies and to the public, including--
                            ``(i) recommendations to ensure that 
                        dockets stored in the Federal Docket Management 
                        System are consistent, both in content and 
                        organization, with the requirements for 
                        electronic rulemaking dockets described under 
                        subsection (d);
                            ``(ii) recommendations to ensure that 
                        information exempted from public disclosure 
                        under section 552(b) of title 5, United States 
                        Code, is not made publicly available; and
                            ``(iii) recommendations to ensure that 
                        personally identifiable information is 
                        protected under section 552(l) of title 5, 
                        United States Code.
    ``(f) Public E-Rulemaking Advisory Committee.--
            ``(1) Establishment.--There is established in the executive 
        branch a Public E-Rulemaking Advisory Committee (in this 
        subsection referred to as the `Advisory Committee').
            ``(2) Membership.--
                    ``(A) In general.--The Advisory Committee shall be 
                composed of 20 members who are not Federal employees 
                and who shall--
                            ``(i) be jointly appointed by the 
                        Administrator of the Office on Information and 
                        Regulatory Affairs and the Administrator of the 
                        Office of Electronic Government using a process 
                        which provides for transparency and public 
                        input;
                            ``(ii) select--
                                    ``(I) 1 chairperson who is not a 
                                Federal officer; and
                                    ``(II) 1 vice chairperson from the 
                                Program Management Office who shall be 
                                the designated Federal officer; and
                            ``(iii) include--
                                    ``(I) a minimum of 7 members with 
                                demonstrated regulatory policy and 
                                practice expertise; and
                                    ``(II) a minimum of 7 members with 
                                demonstrated technology or public 
                                access expertise.
                    ``(B) Organization.--The Administrator of the 
                Office of Information and Regulatory Affairs and the 
                Administrator of the Office of Electronic Government 
                shall--
                            ``(i) be responsible for the initial 
                        organization of the Advisory Committee;
                            ``(ii) assist in the election of co-
                        chairpersons using a process which provides for 
                        transparency and public input; and
                            ``(iii) designate the General Services 
                        Administration to provide staff support to the 
                        Advisory Committee.
            ``(3) Broadcast of proceedings.--To the greatest extent 
        practicable, the General Services Administration shall make 
        available to the public webcasts and archived footage of all 
        meetings of the Advisory Committee.
            ``(4) Functions.--The Advisory Committee shall--
                    ``(A) regularly advise the Administrator of the 
                Office on Information and Regulatory Affairs, the 
                Administrator of the Office of Electronic Government, 
                and the Administrator of the General Services 
                Administration on the e-rulemaking needs and desires of 
                the various e-rulemaking user communities outside the 
                Federal Government;
                    ``(B) engage in public consultation to the maximum 
                extent feasible, including consultation with all 
                interested communities such as public advocacy 
                organizations, academics, and regulated entities;
                    ``(C) consult with the Interagency E-Rulemaking 
                Committee and the Administrative Conference of the 
                United States, as necessary;
                    ``(D) conduct studies and submit recommendations, 
                as provided under this section, to the Director and 
                Congress;
                    ``(E) share effective practices for access to, 
                dissemination of, and retention of regulatory material;
                    ``(F) not later than 6 months after establishment, 
                annually thereafter, and upon termination submit a 
                report to the Director, the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Oversight and Government Reform of the 
                House of Representatives that shall--
                            ``(i) identify legal provisions and agency 
                        practices that create barriers or obstacles to 
                        achieving e-rulemaking goals; and
                            ``(ii) propose solutions to the barriers or 
                        obstacles identified under clause (i).
            ``(5) Termination.--
                    ``(A) In general.--The Advisory Committee shall 
                terminate 2 years after the date of enactment of the E-
                Rulemaking Act of 2010.
                    ``(B) Extension.--The President may--
                            ``(i) extend the Advisory Committee by 
                        executive order; and
                            ``(ii) make more than 1 extension under 
                        this subparagraph for any period as the 
                        President may determine.
            ``(6) Application of faca.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall apply to the Advisory Committee.
    ``(g) Architecture.--
            ``(1) In general.--The Program Management Office shall 
        collaborate with the Interagency Committee and the Public E-
        Rulemaking Advisory Committee to achieve significant 
        improvements in the systems architecture for the Federal Docket 
        Management System.
            ``(2) Contents.--The systems architecture developed under 
        this subsection shall--
                    ``(A) include well-designed data and technical 
                standards, reinforced by effective quality control 
                tools and protocols in order to achieve an accurate, 
                consistent system that stores all rulemaking data; and
                    ``(B) facilitate exchange, retrieval and management 
                of information by agencies and the public.
            ``(3) Standards, protocols, and guidelines.--
                    ``(A) Office of management and budget policy.--
                            ``(i) Policy.--The Director shall issue 
                        policy regarding standards, data protocols, and 
                        related items to be used by agencies when 
                        publishing their electronic regulatory dockets.
                            ``(ii) Guidelines.--Based on the policy 
                        issued under clause (i), the Program Management 
                        Office shall promulgate guidelines that--
                                    ``(I) incorporate a widely 
                                accepted, nonproprietary, searchable, 
                                computer-readable format for rulemaking 
                                data;
                                    ``(II) improve the quality, 
                                transparency, consistency, security, 
                                and usability of electronic rulemaking 
                                systems and data;
                                    ``(III) ensure interoperability and 
                                process standardization, and 
                                appropriate reuse of information;
                                    ``(IV) create document and metadata 
                                models for rulemaking documents that 
                                accomplish the standardization required 
                                for accurate and efficient 
                                Governmentwide retrieval of 
                                information;
                                    ``(V) integrate standards and 
                                guidelines in effect before the date of 
                                enactment of the E-Rulemaking Act of 
                                2010 as possible and appropriate, 
                                enhancing those standards and 
                                guidelines as necessary;
                                    ``(VI) can be continually upgraded 
                                as technologies and content evolve over 
                                time;
                                    ``(VII) ensure that publicly 
                                available online Federal Government 
                                rulemaking information and services are 
                                made more accessible to external 
                                Government and external search 
                                capabilities; and
                                    ``(VIII) are developed in 
                                consultation with the National 
                                Institute of Standards and Technology.
            ``(4) Transfer of data.--In collaboration with the Program 
        Management Office, the Director shall establish a process for 
        agencies to conduct authorized transfer of data, including bulk 
        transfers, to and from the Federal Docket Management System.
            ``(5) Public review and comment.--Before taking effect, the 
        Director and the Program Management Office shall make the 
        standards and guidelines developed under this subsection 
        available to the public for review and comment.
            ``(6) Review and update.--The Director and the Program 
        Management Office shall review the standards and guidelines 
        developed under this subsection at regular intervals and revise 
        those standards and guidelines as necessary.
            ``(7) Independent regulatory commissions.--Each independent 
        regulatory commission that has not migrated to the Federal 
        Docket Management System shall--
                    ``(A) take any necessary action to establish 
                interoperability with the Federal Docket Management 
                System; and
                    ``(B) ensure that rulemaking materials of that 
                independent regulatory commission can be located by 
                users of the system.
    ``(h) E-Rulemaking Practice and Innovation.--
            ``(1) Assessments.--The Director shall provide for 
        periodic, multi-method usability assessments by users of the 
        systems architecture established under subsection (g).
            ``(2) Practices.--After consulting with public stakeholders 
        and the Public E-Rulemaking Advisory Committee, the Interagency 
        E-Rulemaking Committee shall make recommendations to the 
        Administrator of the Office of Information and Regulatory 
        Affairs regarding current and emerging practices that--
                    ``(A) enhance online accessibility and 
                manageability of rulemaking information;
                    ``(B) promote informed and effective public 
                participation; and
                    ``(C) harness technology to improve rule formation 
                and implementation.
            ``(3) Office of management and budget.--Based on the 
        recommendations under paragraph (2), the Director shall--
                    ``(A) identify clear performance objectives and 
                timelines for action by the agency to ensure that all 
                rulemaking and docket materials are available 
                electronically;
                    ``(B) provide to the Public E-Rulemaking Advisory 
                Committee any records or data on the management, 
                functionality, and performance of the systems 
                architecture and all component parts developed under 
                subsection (g), as necessary for forming 
                recommendations under subsection (f); and
                    ``(C) identify innovative projects that are 
                developed under the standards, protocol, and guidelines 
                under subsection (g).
    ``(i) Reporting.--
            ``(1) In general.--Not later than March 1 of each year, the 
        Director, in consultation with the Program Management Office, 
        shall submit an e-rulemaking status report to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            ``(2) Inclusion in status report.--An e-rulemaking status 
        report may be submitted as part of the annual E-Government 
        status report established under section 3606 of title 44, 
        United States Code.
            ``(3) Contents.--Each report under this subsection shall 
        contain at a minimum--
                    ``(A) the progress of the e-rulemaking initiative;
                    ``(B) performance measurements regarding 
                achievement of system and program goals; and
                    ``(C) a summary of public participation and 
                collaboration efforts.
            ``(4) Statement of progress.--All agencies, including 
        independent regulatory commissions, shall submit to the 
        Director, for inclusion in the annual report under this 
        subsection, a statement describing the agency progress in 
        achieving compliance with the requirements of this Act.
    ``(j) Authorization of Appropriations.--
            ``(1) Maintenance, improvement, and promotion.--There are 
        authorized to be appropriated to $10,000,000 for the 
        maintenance, improvement, and promotion of the e-rulemaking 
        system in accordance with this section for each of fiscal years 
        2011 through 2015, and such sums as are necessary for 
        subsequent fiscal years.
            ``(2) Innovations to the systems architecture.--There are 
        authorized to be appropriated $1,000,000 for projects 
        identified under subsection (h)(3)(C) for each of fiscal years 
        2011 through 2015, and such sums as are necessary for 
        subsequent fiscal years.''.
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