[Congressional Record Volume 146, Number 62 (Thursday, May 18, 2000)]
[Senate]
[Pages S4215-S4216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         FREEDOM TO E-FILE ACT

  Mr. BROWNBACK. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 777) to 
require the Department of Agriculture to establish an electronic filing 
and retrieval system to enable the public to file all required 
paperwork electronically with the Department and to have access to 
public information on farm programs, quarterly trade, economic, and 
production reports, and other similar information.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 777) entitled 
     ``An Act to require the Department of Agriculture to 
     establish an electronic filing and retrieval system to enable 
     the public to file all required paperwork electronically with 
     the Department and to have access to public information on 
     farm programs, quarterly trade, economic, and production 
     reports, and other similar information'', do pass with the 
     following amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Freedom to E-File Act''.

     SEC. 2. ELECTRONIC FILING AND RETRIEVAL.

       (a) Establishment of Internet-Based System.--The Secretary 
     of Agriculture shall establish an electronic filing and 
     retrieval system that uses the telecommunications medium 
     known as the Internet to enable farmers and other persons--
       (1) to file electronically all paperwork required by the 
     agencies of the Department of Agriculture specified in 
     subsection (b); and
       (2) to have access electronically to information, readily 
     available to the public in published form, regarding farm 
     programs, quarterly trade, economic, and production reports, 
     price and supply information, and other similar information 
     related to production agriculture.
       (b) Covered Agencies.--Subsection (a) shall apply to the 
     following agencies of the Department of Agriculture:
       (1) The Farm Service Agency.
       (2) The Risk Management Agency.
       (3) The Natural Resources Conservation Service.
       (4) The rural development components of the Department 
     included in the Secretary's service center initiative 
     regarding State and field office collocation implemented 
     pursuant to section 215 of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 6915).
       (c) Time-Table for Implementation.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall--
       (1) to the maximum extent practicable, complete the 
     establishment of the electronic filing and retrieval system 
     required by subsection (a) to the extent necessary to permit 
     the electronic information access required by paragraph (2) 
     of such subsection;
       (2) initiate implementation of the electronic filing 
     required by paragraph (1) of such subsection by allowing 
     farmers and other persons to download forms from the Internet 
     and submit completed forms via facsimile, mail, or related 
     means; and
       (3) modify forms used by the agencies specified in 
     subsection (b) into a more user-friendly format, with self-
     help guidance materials.
       (d) Interoperability.--In carrying out this section, the 
     Secretary shall ensure that the agencies specified in 
     subsection (b)--
       (1) use computer hardware and software that is compatible 
     among the agencies and will operate in a common computing 
     environment; and
       (2) develop common Internet user-interface locations and 
     applications to consolidate the agencies' news, information, 
     and program materials.
       (e) Completion of Implementation.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary 
     shall complete the establishment of the electronic filing and 
     retrieval system required by subsection (a) to permit the 
     electronic filing required by paragraph (1) of such 
     subsection.
       (f) Progress Report.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report describing the progress made toward 
     establishing the electronic filing and retrieval system 
     required by subsection (a).

     SEC. 3. AVAILABILITY OF AGENCY INFORMATION TECHNOLOGY FUNDS.

       (a) Reservation of Funds.--From funds made available for 
     each agency of the Department of Agriculture specified in 
     section 2(b) for information technology or information 
     resource management, the Secretary of Agriculture shall 
     reserve an amount equal to not more than the following:
       (1) For fiscal year 2001, $3,000,000.
       (2) For each subsequent fiscal year, $2,000,000.
       (b) Time for Reservation.--The Secretary shall notify 
     Congress of the amount to be reserved under subsection (a) 
     for a fiscal year not later than December 1 of that fiscal 
     year.
       (c) Use of Funds.--Funds reserved under subsection (a) 
     shall be used to establish the electronic filing and 
     retrieval system required by section 2(a). Once the system is 
     established and operational, reserved amounts shall be used 
     for maintenance and improvement of the system.
       (d) Return of Funds.--Funds reserved under subsection (a) 
     and unobligated at the end of the fiscal year shall be 
     returned to the agency from which the funds were reserved, 
     and such funds shall remain available until expended.

     SEC. 4. CONFIDENTIALITY.

       In carrying out this Act, the Secretary of Agriculture--
       (1) may not make available any information over the 
     Internet that would otherwise not be

[[Page S4216]]

     available for release under section 552 or 552a of title 5, 
     United States Code; and
       (2) shall ensure, to the maximum extent practicable, that 
     the confidentiality of persons is maintained.
       Amend the title so as to read ``An Act to require the 
     Secretary of Agriculture to establish an electronic filing 
     and retrieval system to enable farmers and other persons to 
     file paperwork electronically with selected agencies of the 
     Department of Agriculture and to access public information 
     regarding the programs administered by these agencies.''.

  Mr. BROWNBACK. Mr. President, I move that the Senate concur in the 
House amendment to the text with a further amendment which is at the 
desk.


                           Amendment No. 3165

              (Purpose: To provide a substitute amendment)

  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kansas (Mr. Brownback), for Mr. 
     Fitzgerald, proposes an amendment numbered 3165.

  The amendment is as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Freedom to E-File Act''.

     SEC. 2. ELECTRONIC FILING AND RETRIEVAL.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, in accordance with subsection (c), the 
     Secretary of Agriculture (referred to in this Act as the 
     ``Secretary'') shall, to the maximum extent practicable, 
     establish an Internet-based system that enables agricultural 
     producers to access all forms of the agencies of the 
     Department of Agriculture (referred to in this Act as the 
     ``Department'') specified in subsection (b).
       (b) Applicability.--The agencies referred to in subsection 
     (a) are the following:
       (1) The Farm Service Agency.
       (2) The Natural Resources Conservation Service.
       (3) The rural development components of the Department 
     included in the Secretary's service center initiative 
     regarding State and field office collocation implemented 
     pursuant to section 215 of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 6915).
       (4) The agricultural producer programs component of the 
     Commodity Credit Corporation administered by the Farm Service 
     Agency and the Natural Resources Conservation Service.
       (c) Implementation.--In carrying out subsection (a), the 
     Secretary shall--
       (1) provide a method by which agricultural producers may--
       (A) download from the Internet the forms of the agencies 
     specified in subsection (b); and
       (B) submit completed forms via electronic facsimile, mail, 
     or similar means;
       (2) redesign the forms by incorporating into the forms 
     user-friendly formats and self-help guidance materials; and
       (3) ensure that the agencies specified in subsection (b)--
       (A) use computer hardware and software that is compatible 
     among the agencies and will operate in a common computing 
     environment; and
       (B) develop common Internet user-interface locations and 
     applications to consolidate the agencies' news, information, 
     and program materials.
       (d) Progress Reports.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report that describes the progress made toward 
     implementing the Internet-based system required under this 
     section.

     SEC. 3. ACCESSING INFORMATION AND FILING OVER THE INTERNET.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, in accordance with subsection (b), the 
     Secretary shall expand implementation of the Internet-based 
     system established under section 2 by enabling agricultural 
     producers to access and file all forms and, at the option of 
     the Secretary, selected records and information of the 
     agencies of the Department specified in section 2(b).
       (b) Implementation.--In carrying out subsection (a), the 
     Secretary shall ensure that an agricultural producer is 
     able--
       (1) to file electronically or in paper form, at the option 
     of the agricultural producer, all forms required by agencies 
     of the Department specified in section 2(b);
       (2) to file electronically or in paper form, at the option 
     of the agricultural producer, all documentation required by 
     agencies of the Department specified in section 2(b) and 
     determined appropriate by the Secretary; and
       (3) to access information of the Department concerning farm 
     programs, quarterly trade, economic, and production reports, 
     and other similar production agriculture information that is 
     readily available to the public in paper form.

     SEC. 4. AVAILABILITY OF AGENCY INFORMATION TECHNOLOGY FUNDS.

       (a) Reservation of Funds.--From funds made available for 
     agencies of the Department specified in section 2(b) for 
     information technology or information resource management, 
     the Secretary shall reserve from those agencies' applicable 
     accounts a total amount equal to not more than the following:
       (1) For fiscal year 2001, $3,000,000.
       (2) For each subsequent fiscal year, $2,000,000.
       (b) Time for Reservation.--The Secretary shall notify 
     Congress of the amount to be reserved under subsection (a) 
     for a fiscal year not later than December 1 of that fiscal 
     year.
       (c) Use of Funds.--
       (1) Establishment.--Funds reserved under subsection (a) 
     shall be used to establish the Internet-based system required 
     under section 2 and to expand the system as required by 
     section 3.
       (2) Maintenance.--Once the system is established and 
     operational, reserved amounts shall be used for maintenance 
     and improvement of the system.
       (d) Return of Funds.--Funds reserved under subsection (a) 
     and unobligated at the end of the fiscal year shall be 
     returned to the agency from which the funds were reserved, to 
     remain available until expended.

     SEC. 5. FEDERAL CROP INSURANCE CORPORATION AND RISK 
                   MANAGEMENT AGENCY.

       (a) In General.--Not later than December 1, 2000, the 
     Federal Crop Insurance Corporation and the Risk Management 
     Agency shall submit to the Committee on Agriculture of the 
     House of Representatives and the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate a plan, that is 
     consistent with this Act, to allow agricultural producers 
     to--
       (1) obtain, over the Internet, from approved insurance 
     providers all forms and other information concerning the 
     program under the jurisdiction of the Corporation and Agency 
     in which the agricultural producer is a participant; and
       (2) file electronically all paperwork required for 
     participation in the program.
       (b) Administration.--The plan shall--
       (1) conform to sections 2(c) and 3(b); and
       (2) prescribe--
       (A) the location and type of data to be made available to 
     agricultural producers;
       (B) the location where agricultural producers can 
     electronically file their paperwork; and
       (C) the responsibilities of the applicable parties, 
     including agricultural producers, the Risk Management Agency, 
     the Federal Crop Insurance Corporation, approved insurance 
     providers, crop insurance agents, and brokers.
       (c) Implementation.--Not later than December 1, 2001, the 
     Federal Crop Insurance Corporation and the Risk Management 
     Agency shall complete implementation of the plan submitted 
     under subsection (a).

     SEC. 6. CONFIDENTIALITY.

       In carrying out this Act, the Secretary--
       (1) may not make available any information over the 
     Internet that would otherwise not be available for release 
     under section 552 or 552a of title 5, United States Code; and
       (2) shall ensure, to the maximum extent practicable, that 
     the confidentiality of persons is maintained.

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment to the title.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________