IN THE SENATE OF THE UNITED STATES
Mr. LIEBERMAN introduced the following bill; which was read twice and re-ferred
to the Committee on llllllllllllllllll
A BILL To amend title 44, United States Code, to enhance the
management and promotion of electronic Government
services and processes by establishing a Federal Chief
Information Officer within the Office of Management
and Budget, and by establishing a broad framework of
measures that require using Internet-based information
technology to enhance citizen access to Government in-formation
!
and services, to improve Government efficiency
and reduce Government operating costs, and to increase
opportunities for citizen participation in Government.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
(a) SHORT TITLE.Ð This Act may be cited as the '' E-2
Government Act of 2001''. 3
(b) TABLE OF CONTENTS.Ð The table of contents for 4
this Act is as follows: 5
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE IÐ OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC
GOVERNMENT SERVICES
Sec. 101. Federal Chief Information Officer.
Sec. 102. Office of Information Policy and Office !
of Information and Regu-latory
Affairs.
Sec. 103. Management and promotion of electronic government services.
TITLE IIÐ FEDERAL MANAGEMENT AND PROMOTION OF
ELECTRONIC GOVERNMENT SERVICES
Sec. 201. Federal agency responsibilities.
Sec. 202. Compatibility of executive agency methods for use and acceptance of
electronic signatures.
Sec. 203. Online Federal telephone directory.
Sec. 204. Online National Library.
Sec. 205. Federal courts.
Sec. 206. Regulatory agencies.
Sec. 207. Integrated reporting feasibility study and pilot projects.
Sec. 208. Online database of federally funded research and development.
Sec. 209. Common protocols for geospatial information systems.
Sec. 210. Share-In-Savings Program improvements.
Sec. 211. Enhancing crisis management through advanced information tech-nology.
Sec. 212. Federal Information Technology Training Center.
Sec. 213. Community technolog!
y centers.
Sec. 214. Disparities in access to the Internet.
Sec. 215. Accessibility, usability, and preservation of Government information.
Sec. 216. Public domain directory of Federal Government websites.
Sec. 217. Standards for agency websites.
Sec. 218. Privacy protections.
Sec. 219. Accessibility to people with disabilities.
Sec. 220. Notification of obsolete or counterproductive provisions.
TITLE IIIÐ AUTHORIZATION OF APPROPRIATIONS AND
EFFECTIVE DATE
Sec. 301. Authorization of appropriations.
Sec. 302. Effective date.
SEC. 2. FINDINGS AND PURPOSES. 6
(a) FINDINGS.Ð Congress finds the following: 7
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(1) The use of computers and the Internet is 1
rapidly transforming societal interactions and the re-2
lationships a!
mong citizens, private businesses, and 3
the Government. 4
(2) The Federal Government has had uneven 5
success in applying advances in information tech-6
nology to enhance Governmental functions and serv-7
ices, achieve more efficient performance, and in-8
crease access to Government information and citizen 9
participation in Government. 10
(3) Most Internet-based services of the Federal 11
Government are developed and presented separately, 12
according to the jurisdictional boundaries of an indi-13
vidual department or agency, rather than being inte-14
grated cooperatively according to function. 15
(4) Internet-based Government services involv-16
ing interagency cooperation are especially difficult to 17
develop and promote, in part because of a lack of 18
funding mechanisms to support such interagency co-19
operation. 20
(5) To take full advantage of the improved Gov-21
ernment per!
formance that can be achieved through 22
the use of Internet-based technology requires new 23
leadership, better organization, improved interagency 24
collaboration, and more focused oversight of agency 25
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compliance with statutes related to information re-1
source management. 2
(b) PURPOSES.Ð The purposes of this Act are the fol-3
lowing: 4
(1) To provide effective leadership of Federal 5
Government efforts to develop and promote elec-6
tronic Government services and processes by estab-7
lishing a Federal Chief Information Officer within 8
the Office of Management and Budget. 9
(2) To establish measures that require using 10
Internet-based information technology to enhance 11
citizen access to Government information and serv-12
ices, !
improve Government efficiency and reduce Gov-13
ernment operating costs, and increase opportunities 14
for citizen participation in Government. 15
(3) To promote interagency collaboration in 16
providing electronic Government services, where this 17
collaboration would improve the service to citizens by 18
integrating related function. 19
(4) To promote interagency collaboration in the 20
use of internal electronic Government processes, 21
where this collaboration would improve the efficiency 22
and effectiveness of the processes. 23
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TITLE IÐ OFFICE OF MANAGE-1
MENT AND BUDGET ELEC-2
TRONIC GOVERNMENT SERV-3
ICES 4
SEC. 101. FEDERAL CHIEF INFORMATION OFFICER. 5
(a) ESTABLISHMENT.Ð Section 502 of t!
itle 31, 6
United States Code, is amendedÐ 7
(1) by redesignating subsections (d), (e), and 8
(f), as subsections (e), (f), and (g), respectively; and 9
(2) by inserting after subsection (c) the fol-10
lowing: 11
''( d) The Office has a Federal Chief Information Offi-12
cer appointed by the President, by and with the advice 13
and consent of the Senate. The Federal Chief Information 14
Officer shall provide direction, coordination, and oversight 15
of the development, application, and management of infor-16
mation resources by the Federal Government. ''. 17
(b) COMPENSATION.Ð Section 5313 of title 5, United 18
States Code, is amended by adding at the end the fol-19
lowing: 20
'' Federal Chief Information Officer. ''. 21
(c) MODIFICATION OF DEPUTY DIRECTOR FOR MAN-22
AGEMENT FUNCTIONS.Ð Section 503( b)( 2)( D) of title 31, 23
United States Code, is amended by striking '' and statis-24 !
tical policy'' and inserting '' collection review''. 25
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(d) OFFICE OF INFORMATION POLICY.Ð 1
(1) IN GENERAL.Ð Chapter 5 of title 31, United 2
States Code, is amended by inserting after section 3
506 the following: 4
''§ 507. Office of Information Policy 5
'' The Office of Information Policy, established under 6
section 3503 of title 44, is an office in the Office of Man-7
agement and Budget. ''. 8
(2) TECHNICAL AND CONFORMING AMEND-9
MENT.Ð The table of sections for chapter 5 of title 10
31, United States Code, is amended by inserting 11
after the item relating to section 506 the following: 12
'' 507. Office of Information Policy. ''.
(e) PRIVACY ACT FUNCTIONS.Ð 13
Section 552a( v) of title 5, United States Code (com-14 !
monly referred to as the Privacy Act) is amended to read 15
as follows: 16
''( v) OFFICE OF MANAGEMENT AND BUDGET RE-17
SPONSIBILITIES.Ð The Director of the Office of Manage-18
ment and Budget shallÐ 19
''( 1) develop and, after notice and opportunity 20
for public comment, prescribe guidelines and regula-21
tions for the use of agencies in implementing the 22
provisions of this section; 23
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''( 2) provide continuing assistance to and over-1
sight of the implementation of this section by agen-2
cies; and 3
''( 3) delegate all of the functions to be per-4
formed by the Director under this section to the 5
Federal Chief Information Officer. ''. 6
(f) ACQUISITIONS OF INFORMATION TECHNOLOGY.Ð 7
(1) RESPONSIBILITIES AND FUNCTIONS.Ð !
Sec-8
tion 5111 of the Clinger-Cohen Act of 1996 (40 9
U. S. C. 1411) is amendedÐ 10
(A) by inserting ''( a) IN GENERAL.Ð '' be-11
fore '' In fulfilling''; and 12
(B) by adding at the end the following: 13
''( b) DELEGATION.Ð The Director shall delegate all 14
of the responsibilities and functions to be performed by 15
the Director under this title to the Federal Chief Informa-16
tion Officer. ''. 17
(2) INFORMATION TECHNOLOGY ACQUISITION 18
PILOT PROGRAMS.Ð Section 5301( a)( 1) of the 19
Clinger-Cohen Act of 1996 (40 U. S. C. 1471( a)( 1)) 20
is amended by striking '' Administrator for the Office 21
of Information and Regulatory Affairs'' and insert-22
ing '' Federal Chief Information Officer''. 23
(g) FEDERAL COMPUTER SYSTEMS STANDARDS AND 24
GUIDELINES.Ð 25
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(1) PROMULGATION.Ð Section 5131 of the 1
Clinger-Cohen Act of 1996 (40 U. S. C. 1441) is 2
amendedÐ 3
(A) by striking '' Secretary of Commerce'' 4
each place it appears and inserting '' Federal 5
Chief Information Officer'' in each such place; 6
and 7
(B) by striking '' Secretary'' each place it 8
appears and inserting '' Federal Chief Informa-9
tion Officer'' in each such place. 10
(2) SUBMISSION.Ð Section 20( a)( 4) of the Na-11
tional Institute of Standards and Technology Act 12
(15 U. S. C. 278g± 3( a)( 4)) is amended by striking 13
'' Secretary of Commerce'' and inserting '' Federal 14
Chief Information Officer''. 15
(h) INFORMATION TECHNOLOGY FUND.Ð Section 16
110( a) of the Federal Property and Administrative Serv-17
ices Act of 1949 (40 U. S. C. 757( a)) is amended by adding 18
at the end the following: 19
''( 3) The Administrator's dec!
isions with regard 20
to obligations of and expenditures from the Fund 21
shall be subject to direction by the Federal Chief In-22
formation Officer. ''. 23
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SEC. 102. OFFICE OF INFORMATION POLICY AND OFFICE 1
OF INFORMATION AND REGULATORY AF-2
FAIRS. 3
(a) ESTABLISHMENT.Ð 4
(1) IN GENERAL.Ð Section 3503 of title 44, 5
United States Code, is amended to read as follows: 6
''§ 3503. Office of Information Policy and Office of In-7
formation and Regulatory Affairs 8
''( a)( 1) There is established in the Office of Manage-9
ment and Budget an office to be known as the Office of 10
Information Policy. 11
''( 2) The Office shall be administered by the Federal 12
Chief Information Officer established under s!
ection 13
502( d) of title 31. The Director shall delegate to the Fed-14
eral Chief Information Officer the authority to administer 15
all functions under this chapter, except those delegated to 16
the Administrator of the Office of Information and Regu-17
latory Affairs under subsection (b)( 2). Any such delega-18
tion shall not relieve the Director of responsibility for the 19
administration of such function. 20
''( b)( 1) There is established in the Office of Manage-21
ment and Budget an office to be known as the Office of 22
Information and Regulatory Affairs. 23
''( 2) There shall be at the head of the Office an Ad-24
ministrator who shall be appointed by the President, by 25
and with the advice and consent of the Senate. The Direc-26
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!
tor shall delegate to the Administrator the authority to 1
administer all functions under this chapter explicitly relat-2
ing to information collection review. Any such delegation 3
shall not relieve the Director of responsibility for the ad-4
ministration of such functions. ''. 5
(2) TECHNICAL AND CONFORMING AMEND-6
MENT.Ð The table of sections for chapter 35 of title 7
44, United States Code, is amended by striking the 8
item relating to section 3503 and inserting the fol-9
lowing: 10
'' 3503. Office of Information Policy and Office of Information and Regulatory
Affairs. ''.
(b) PROMOTION OF INFORMATION TECHNOLOGY.Ð 11
Section 3504( h)( 5) of title 44, United States Code, is 12
amended by inserting '' direct the Federal Chief Informa-13
tion Officer and the Administrator of the Office of Infor-14
mation and Regulatory Affairs, acting jointly, to'' after 15
''( 5) ''. 16
(c) COOR!
DINATION OF INFORMATION COLLECTION 17
REVIEWS.Ð 18
(1) INFORMATION COLLECTION REVIEW.Ð Sec-19
tion 3502 of title 44, United States Code is 20
amendedÐ 21
(A) by redesignating paragraphs (6) 22
through (14) as paragraphs (7) through (15), 23
respectively; and 24
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(B) by inserting after paragraph (5) the 1
following: 2
''( 6) the term 'information collection review' 3
means those functions described under section 4
3504( c) and related functions; ''. 5
(2) COORDINATION.Ð Section 3504 of title 44, 6
United States Code, is amendedÐ 7
(A) by redesignating paragraph (2) as 8
paragraph (3); and 9
(B) by inserting after paragraph (1) the 10
following: 11
''( 2) The Director shall ensure that the Office 12
of Informat!
ion Policy and the Office of Information 13
and Regulatory Affairs coordinate their efforts in 14
applying the principles developed and implemented 15
under this section to information collection re-16
views. ''. 17
(d) REFERENCES.Ð Reference in any Federal law, 18
Executive order, rule, regulation, or delegation of author-19
ity, or any document of or relating to the Office of Infor-20
mation and Regulatory Affairs or the Administrator of the 21
Office of Information and Regulatory Affairs, respectively, 22
shall be deemed a reference toÐ 23
(1) the Office of Information Policy or the Fed-24
eral Chief Information Officer, respectively, with re-25
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spect to functions described under section 3503( a) of 1
title 44, United States Code (as !
amended by section 2
103 of this Act); and 3
(2) the Office of Information and Regulatory 4
Affairs or the Administrator of the Office of Infor-5
mation and Regulatory Affairs, respectively, with re-6
spect to functions described under section 3503( b) 7
of such title (as amended by section 103 of this 8
Act). 9
(e) ADDITIONAL CONFORMING AMENDMENTS.Ð 10
(1) RECOMMENDED LEGISLATION.Ð After con-11
sultation with the appropriate committees of Con-12
gress, the Director of the Office of Management and 13
Budget shall prepare and submit to Congress rec-14
ommended legislation containing technical and con-15
forming amendments to reflect the changes made by 16
this Act. 17
(2) SUBMISSION TO CONGRESS.Ð Not later than 18
6 months after the effective date of this Act, the Di-19
rector of the Office of Management and Budget 20
shall submit the recommended legislation referred to 21
under !
paragraph (1). 22
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SEC. 103. MANAGEMENT AND PROMOTION OF ELECTRONIC 1
GOVERNMENT SERVICES. 2
(a) IN GENERAL.Ð Title 44, United States Code, is 3
amended by inserting after chapter 35 the following: 4
'' CHAPTER 36Ð MANAGEMENT AND PRO-5
MOTION OF ELECTRONIC GOVERN-6
MENT SERVICES 7
'' Sec.
'' 3601. Definitions.
'' 3602. Federal Chief Information Officer functions.
'' 3603. Chief Information Officers Council.
'' 3604. Interagency Information Technology Fund.
''§ 3601. Definitions 8
'' In this chapter, the definitions under section 3502 9
shall apply, and the termÐ 10
''( 1) 'Council' means the Chief Information Of-11
ficers Council established under section 3603; 12
''( 2!
) 'Cross-Sector Forum' means the Cross-13
Sector Forum on Information Resources Manage-14
ment established under section 3602( a)( 10); 15
''( 3) 'Fund' means the Interagency Information 16
Technology Fund established under section 3604; 17
''( 4) 'interoperability' means the ability of dif-18
ferent software systems, applications, and services to 19
communicate and exchange data in an accurate, ef-20
fective, and consistent manner; and 21
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''( 5) 'integrated service delivery' means the pro-1
vision of Internet-based Federal Government infor-2
mation or services integrated according to function 3
rather than separated according to the boundaries of 4
agency jurisdiction. 5
''§ 3602. Federal Chief Information Officer functions 6
''( a) Subject to the direction and approval of the Di-7
rector of the Office of Management Budget, and subject 8
to requirements of this chapter, the Federal Chief Infor-9
mation Officer shall perform information resources man-10
agement functions as follows: 11
''( 1) Perform all functions of the Director, in-12
cluding all functions delegated by the President to 13
the Director, relating to information resources man-14
agement. 15
''( 2) Perform the following functions with re-16
spect to information resources management: 17
''( A) Under section 5112 of the Clinger-18
Cohen Act of 1996 (40 U. S. C. 1412), review 19
agency budget requests related to information 20
technology capital planning and investment. 21
''( B) Under section 5113 of the Clinger-22
Cohen Act of 1996 (40 U. S. C. 1413), evaluate 23
the investments referred to under subparagraph 24
(A) with respect to performance a!
nd results. 25
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''( C) Review legislative proposals related to 1
information technology capital planning and in-2
vestment. 3
''( D) Advise the Director on the resources 4
required to develop and effectively operate and 5
maintain Federal Government information sys-6
tems. 7
''( E) Recommend to the Director changes 8
relating to Governmentwide strategies and pri-9
orities for information resources management. 10
''( 3) Provide overall leadership and direction to 11
the executive branch on information policy by estab-12
lishing information resources management policies 13
and requirements, and by reviewing each agency's 14
performance in acquiring, using, and managing in-15
formation resources. 16
''( 4) Promote innovative u!
ses of information 17
technology by agencies, particularly initiatives in-18
volving multiagency collaboration, through support 19
of pilot projects, research, experimentation, and the 20
use of innovative technologies. 21
''( 5) Administer the distribution of funds from 22
the Interagency Information Technology Fund es-23
tablished under section 3604. 24
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''( 6) Direct the use by the Administrator of 1
General Services of the Information Technology 2
Fund established by section 110 of the Federal 3
Property and Administrative Services Act of 1949 4
(40 U. S. C. 757). 5
''( 7) Chair the Chief Information Officers 6
Council established under section 3603. 7
''( 8) Establish and promulgate information 8
technology standards for th!
e Federal Government 9
under section 5131 of the Clinger-Cohen Act of 10
1996 (40 U. S. C. 1441) based on the recommenda-11
tions of the National Institute of Standards and 12
Technology, taking into account, if appropriate, rec-13
ommendations of the Chief Information Officers 14
Council, experts, and interested parties from the pri-15
vate and nonprofit sectors and State, local, and trib-16
al governments, as follows: 17
''( A) Standards and guidelines for 18
interconnectivity and interoperability as de-19
scribed under section 3504. 20
''( B) Standards and guidelines for catego-21
rizing and electronically labeling Federal Gov-22
ernment electronic information, to enhance elec-23
tronic search capabilities. 24
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''( C) Standar!
ds and guidelines for Federal 1
Government computer system efficiency and se-2
curity. 3
''( 9) Establish a regular forum for consulting 4
and communicating with leaders in information re-5
sources management in the legislative and judicial 6
branches to encourage collaboration and enhance un-7
derstanding of best practices and innovative ap-8
proaches in acquiring, using, and managing informa-9
tion resources. 10
''( 10) Establish a regular forum for consulting 11
and communicating with leaders in information re-12
sources management in State, local, and tribal gov-13
ernments (including the National Association of 14
State Information Resources Executives) to encour-15
age collaboration and enhance understanding of best 16
practices and innovative approaches in acquiring, 17
using, and managing information resources. 18
''( 11) Establish a regular forum for consulting 19
and commun!
icating with program managers and 20
leaders in information resources management in the 21
regulatory executive branch agencies to encourage 22
collaboration and enhance understanding of best 23
practices and innovative approaches related to the 24
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acquisition, use, and management of information re-1
sources in regulatory applications. 2
''( 12) Establish a Cross-Sector Forum on Infor-3
mation Resources Management, subject to the Fed-4
eral Advisory Committee Act (5 U. S. C. App.), as a 5
periodic colloquium with representatives from Fed-6
eral agencies (including Federal employees who are 7
not supervisors or management officials as such 8
terms are defined under section 7103( a) (10) and 9
(11), respectively) and the private, nonprofit!
, and 10
academic sectors, to encourage collaboration and en-11
hance understanding of best practices and innovative 12
approaches in acquiring, using, and managing infor-13
mation resources. The Cross-Sector Forum shall be 14
used for the following: 15
''( A) To develop innovative models for Gov-16
ernment information resources management 17
and for Government information technology 18
contracts. These models may be developed 19
through focused Cross-Sector Forum discus-20
sions or using separately sponsored research. 21
''( B) To identify opportunities for perform-22
ance-based shared-savings contracts as a means 23
of increasing the quantity and quality of Gov-24
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ernment information and services available 1
through the Inter!
net. 2
''( C) To identify opportunities for public-3
private collaboration in using Internet-based 4
technology to increase the efficiency of Govern-5
ment-to-business transactions. 6
''( D) To identify mechanisms for providing 7
incentives to program managers and other Gov-8
ernment employees to develop and implement 9
innovative uses of information technologies. 10
''( E) To identify opportunities for public-11
private collaboration in addressing the dispari-12
ties in access to the Internet and information 13
technology. 14
''( F) To develop guidance to advise agen-15
cies and private companies on any relevant legal 16
and ethical restrictions. 17
''( 13) Direct the establishment, maintenance, 18
and promotion of an integrated Internet-based sys-19
tem of delivering Government information and serv-20
ices to the public. To the extent practicable, the in-21
tegrated system sha!
ll be designed and operated ac-22
cording to the following criteria: 23
''( A) The provision of Internet-based Gov-24
ernment information and services integrated ac-25
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cording to function rather than separated ac-1
cording to the boundaries of agency jurisdic-2
tion. 3
''( B) An ongoing effort to ensure that all 4
Internet-based Government services relevant to 5
a given citizen activity are available from a sin-6
gle point. 7
''( C) Standardized methods for navigating 8
Internet-based Government information and 9
services. 10
''( D) The consolidation of Federal Govern-11
ment information and services with Internet-12
based information and services provided by 13
State, local, and tribal governments. 14
''( 14) Coordin!
ate with the Administrator of the 15
Office of Federal Procurement Policy to ensure ef-16
fective implementation of electronic procurement ini-17
tiatives. 18
''( 15) Assist Federal agencies, the United 19
States Access Board, the General Services Adminis-20
tration, and the Attorney General inÐ 21
''( A) implementing accessibility standards 22
under section 508 of the Rehabilitation Act of 23
1973 (29 U. S. C. section 794d); and 24
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''( B) ensuring compliance with those 1
standards through the budget review process 2
and other means. 3
''( 16) Administer the Office of Information Pol-4
icy established under section 3503. 5
''( b) The Director of the Office of Management and 6
Budget shall consult with the Federal Chief Informat!
ion 7
Officer on each agency budget request and legislative pro-8
posal described under subsection (a)( 2). 9
''( c) The Federal Chief Information Officer shall ap-10
point the employees of the Office. The Director of the Of-11
fice of Management and Budget shall ensure that the Of-12
fice of Information Policy has adequate employees and re-13
sources to properly fulfill all functions delegated to the Of-14
fice and the Federal Chief Information Officer. 15
''( d) There are authorized to be appropriated 16
$15,000,000 for the establishment, maintenance, and pro-17
motion of the integrated Internet-based system established 18
under subsection (a)( 13) for fiscal year 2002, and such 19
sums as are necessary for fiscal years 2003 through 2006. 20
''§ 3603. Chief Information Officers Council 21
''( a) There is established in the executive branch a 22
Chief Information Officers Council. 23
'!
'( b) The members of the Council shall be as follows: 24
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''( 1) The chief information officer of each agen-1
cy described under section 901( b) of title 31. 2
''( 2) The chief information officer of the Cen-3
tral Intelligence Agency. 4
''( 3) The chief information officer of the De-5
partment of the Army, the Department of the Navy, 6
and the Department of the Air Force, if chief infor-7
mation officers have been designated for these de-8
partments under section 3506( a)( 2)( B). 9
''( 4) Any other officers or employees of the 10
United States designated by the Federal Chief Infor-11
mation Officer. 12
''( c)( 1) The Federal Chief Information Officer shall 13
be the Chairman of the Council. 14
''( 2)( A) The Deputy Chairman of the !
Council shall 15
be selected by the Council from among its members. 16
''( B) The Deputy Chairman shall serve a 1-year term, 17
and may serve multiple terms. 18
''( 3) The Administrator of General Services shall pro-19
vide administrative and other support for the Council, in-20
cluding resources provided through the Information Tech-21
nology Fund established under section 110 of the Federal 22
Property and Administrative Services Act of 1949 (40 23
U. S. C. 757). 24
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''( d) The Council is designated the principal inter-1
agency forum for improving agency practices related to 2
the design, acquisition, development, modernization, use, 3
operation, sharing, and performance of Federal Govern-4
ment information resources. The Council shall !
perform the 5
following functions: 6
''( 1) Develop recommendations for the Federal 7
Chief Information Officer on Government informa-8
tion resources management policies and require-9
ments. 10
''( 2) Assist the Federal Chief Information Offi-11
cer in developing and maintaining the Government-12
wide strategic information resources management 13
plan required under section 3506. 14
''( 3) Share experiences, ideas, best practices, 15
and innovative approaches related to information re-16
sources management. 17
''( 4) Assist the Federal Chief Information Offi-18
cer in the identification, development, and coordina-19
tion of multiagency projects and other innovative ini-20
tiatives to improve Government performance through 21
the use of information technology. 22
''( 5) Provide recommendations to the Federal 23
Chief Information Officer regarding the distribution 24
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of funds from the Interagency Information Tech-1
nology Fund established by section 3604. 2
''( 6) Coordinate the development and use of 3
common performance measures for agency informa-4
tion resources management under section 5123 of 5
the Clinger-Cohen Act of 1996 (40 U. S. C. 1423). 6
''( 7) Work as appropriate with the National In-7
stitute of Standards and Technology to develop rec-8
ommendations for the Federal Chief Information Of-9
ficer on information technology standards developed 10
under section 20 of the National Institute of Stand-11
ards and Technology Act (15 U. S. C. 278g± 3) and 12
promulgated under section 5131 of the Clinger-13
Cohen Act of 1996 (40 U. S. C. 1441), as follows: 14
''( A) Standards and guidelines for 15
inter!
connectivity and interoperability as de-16
scribed under section 3504. 17
''( B) Standards and guidelines for catego-18
rizing and electronically labeling Government 19
electronic information, to enhance electronic 20
search capabilities. 21
''( C) Standards and guidelines for Federal 22
Government computer system efficiency and se-23
curity. 24
O:\ COE\ COE01.301 24
24 Page 2526
25
STAFF DRAFT S. L. C.
''( 8) Work with the Office of Personnel Man-1
agement to assess and address the hiring, training, 2
classification, and professional development needs of 3
the Government related to information resources 4
management. 5
''§ 3604. Interagency Information Technology Fund 6
''( a) There is established in the Treasury of the 7
United States an Interagency Information Technology 8 Fund, which shall be available without fiscal year limita-9
tion. 10
''( b) The Fund shall be used to fund interagency in-11
formation technology projects, and other innovative uses 12
of information technology. The Fund shall be operated as 13
follows: 14
''( 1) Any member of the Council, including the 15
Federal Chief Information Officer, may propose a 16
project to be funded from the Fund. 17
''( 2) On a regular basis, an appropriate com-18
mittee within the Council shall review candidate 19
projects for funding eligibility, and make rec-20
ommendations to the Federal Chief Information Of-21
ficer on which projects should be funded from the 22
Fund. The review committee shall consider the fol-23
lowing: 24
O:\ COE\ COE01.301 25
25 Page 2627
26
STAFF DRAFT S. L. C.
''( A) The rele!
vance of this project in sup-1
porting the missions of the affected agencies 2
and other statutory provisions. 3
''( B) The usefulness of interagency collabo-4
ration on this project in supporting integrated 5
service delivery. 6
''( C) The usefulness of this project in illus-7
trating a particular use of information tech-8
nology that could have broader applicability 9
within the Government. 10
''( D) The willingness of the agencies af-11
fected by this project to provide matching 12
funds. 13
''( E) The availability of funds from other 14
sources for this project. 15
''( 3) After considering the recommendations of 16
the Council, the Federal Chief Information Officer 17
shall have final authority to determine which of the 18
candidate projects shall be funded from the Fund. 19
''( c) The Fund may be used to fund the integrated 20
Internet-based system under section 3602( a)( 1!
3). 21
''( d) None of the funds provided from the Fund may 22
be transferred to any agency until 15 days after the Fed-23
eral Chief Information Officer has submitted to the Com-24
mittees on Appropriations of the Senate and the House 25
O:\ COE\ COE01.301 26
26 Page 2728
27
STAFF DRAFT S. L. C.
of Representatives, the Committee on Governmental Af-1
fairs of the Senate, and the Committee on Government 2
Reform of the House of Representatives, a notification 3
and description of how the funds are to be allocated and 4
how the expenditure will further the purposes of this chap-5
ter. 6
''( e) The Federal Chief Information Officer shall sub-7
mit an annual report to the President and Congress on 8
the operation of the Fund. The report shall describeÐ 9
''( 1) all projects which the Federal Chief In!
for-10
mation Officer has approved for funding from the 11
Fund; 12
''( 2) the results that have been achieved to date 13
for these funded projects; and 14
''( 3) any recommendations for changes to the 15
amount of capital appropriated annually for the 16
Fund, with a description of the basis for any such 17
recommended change. 18
''( f) There are authorized to be appropriated to the 19
Fund $200,000,000 in each of the fiscal years 2002 20
through 2004, and such sums as may be necessary for 21
fiscal years 2005 and 2006. ''. 22
(b) TECHNICAL AND CONFORMING AMENDMENT.Ð 23
The table of chapters for title 44, United States Code, 24
O:\ COE\ COE01.301 27
27 Page 2829
28
STAFF DRAFT S. L. C.
is amended by inserting after the item relating to chapter 1
35 the following: 2
'' 36. Mana!
gement and Promotion of Electronic Govern-ment Services .......................................................... 3601''.
TITLE IIÐ FEDERAL MANAGE-3
MENT AND PROMOTION OF 4
ELECTRONIC GOVERNMENT 5
SERVICES 6
SEC. 201. FEDERAL AGENCY RESPONSIBILITIES. 7
(a) IN GENERAL.Ð The head of each agency shall be 8
responsible forÐ 9
(1) complying with the requirements of this Act 10
(including the amendments made by this Act) and 11
the related information resource management poli-12
cies and information technology standards estab-13
lished by the Federal Chief Information Officer; 14
(2) ensuring that the policies and standards es-15
tablished by the Federal Chief Information Officer 16
and the Chief Information Officers Council are com-17
municated promptly and effectively to all relevant 18
managers with information resource management re-19
!
sponsibilities within their agency; and 20
(3) supporting the efforts of the Federal Chief 21
Information Officer to develop, maintain, and pro-22
mote an integrated Internet-based system of deliv-23
ering Federal Government information and services 24
O:\ COE\ COE01.301 28
28 Page 2930
29
STAFF DRAFT S. L. C.
to the public under chapter 36 of title 44, United 1
States Code (as added by section 103 of this Act). 2
(b) CHIEF INFORMATION OFFICERS.Ð The Chief In-3
formation Officer of each of the agencies designated under 4
chapter 36 of title 44, United States Code (as added by 5
section 103 of this Act), shall be responsible forÐ 6
(1) participating in the functions of the Chief 7
Information Officers Council; and 8
(2) monitoring the implementation, within their 9
respective agencies, of informa!
tion technology stand-10
ards established by the Federal Chief Information 11
Officer, including common standards for 12
interconnectivity and interoperability, categorization 13
and labeling of Federal Government electronic infor-14
mation, and computer system efficiency and security. 15
(c) E-GOVERNMENT STATUS REPORT.Ð 16
(1) IN GENERAL.Ð Each agency shall compile 17
and submit to the Federal Chief Information Officer 18
an E-Government Status Report on the current sta-19
tus of agency information and agency services avail-20
able online. 21
(2) CONTENT.Ð Each report under this sub-22
section shall containÐ 23
(A) a list and brief description of the agen-24
cy services available online; 25
O:\ COE\ COE01.301 29
29 Page 3031
30
STAFF DRAFT S. L. C.
(B) a list, by number and title, of !
the 25 1
most frequently requested agency forms avail-2
able online, annotated to indicate which forms 3
can be submitted to the agency electronically; 4
and 5
(C) a summary of the type, volume, gen-6
eral topical areas, and currency of agency infor-7
mation available online. 8
(3) SUBMISSION.Ð Not later than March 1, of 9
each year, each agency shall submit a report under 10
this subsection to the Federal Chief Information Of-11
ficer. 12
(4) CONSOLIDATION OF REPORTS.Ð Section 13
3516( a)( 2) of title 31, United States Code, is 14
amendedÐ 15
(1) by redesignating subparagraph (C) as sub-16
paragraph (D); and 17
(2) by inserting after subparagraph (B) the fol-18
lowing: 19
''( C) Any E-Government Status Report 20
under section 201( c) of the E-Government Act 21
of 2001. ''. 22
O:\ COE\ COE01.301 30 SEC. 202. COMPATIBILITY OF EXECUTIVE AGENCY METH-1 O:\ COE\ COE01.301 31 SEC. 203. ONLINE FEDERAL TELEPHONE DIRECTORY. 1 !
O:\ COE\ COE01.301 32 ments and principal employees, subject to secu-1 O:\ COE\ COE01.301 33 without regard to the boundaries of the contributing 1 O:\ COE\ COE01.301 34 (1) Location and contact information for the 1 O:\ COE\ COE01.301 35 are not required to be made available online, except 1 O:\ COE\ COE01.301 36 (I) the electronic form of the doc-1 O:\ COE\ COE01.301 37 (1) IN GENERAL.Ð 1 O:\ COE\ COE01.301 38 (2) REPORT.Ð Not later than 1 year after the 1 under section 551 of title 5, United States Code) shallÐ 16 O:\ COE\ COE01.301 39 title 5, United States Code, after the effective 1 O:\ COE\ COE01.301 40 (A) all agency notices, publications, or 1 O:\ COE\ COE01.301 41 Government Reform of the House of Representatives 1 O!
:\ COE\ COE01.301 42 under 1 or more Federal requirements without vio-1 O:\ COE\ COE01.301 43 of information within databases established 1 O:\ COE\ COE01.301 44 sion, consist!
ent with the need to archive 1 (1) IN GENERAL.Ð In order to provide input to 19 O:\ COE\ COE01.301 45 public interest organizations, and the public on the 1 O:\ COE\ COE01.301 46 latory Affairs, and to the extent practicable, shall work 1 O:\ COE\ COE01.301 47
30 Page 31!
strong>32
31
STAFF DRAFT S. L. C.
ODS FOR USE AND ACCEPTANCE OF ELEC-2
TRONIC SIGNATURES. 3
(a) IN GENERAL.Ð In order to fulfill the objectives 4
of the Government Paperwork Elimination Act (Public 5
Law 105± 277; 112 Stat. 2681± 749 through 2681± 751), 6
each Executive agency (as defined under section 105 of 7
title 5, United States Code) shall ensure that its methods 8
for use and acceptance of electronic signatures are com-9
patible with the relevant procedures and standards pro-10
mulgated by the Director of the Office of Management and 11
Budget. 12
(b) CENTRAL AUTHORITY.Ð The Administrator of 13
the General Services Administration shall support the Di-14
rector of the Office of Management and Budget by estab-15
lishing the Federal bridge certification authority which 16
shall!
provide a central authority to allow efficient inter-17
operability among Executive agencies when certifying elec-18
tronic signatures. 19
(c) AUTHORIZATION OF APPROPRIATIONS.Ð There 20
are authorized to be appropriated to the General Services 21
Administration, to ensure the development and operation 22
of a Federal bridge certification authority for electronic 23
signature compatibility, $7,0000,000 in fiscal year 2002, 24
and such sums as may be necessary for each fiscal year 25
thereafter. 26
31 Page 3233
32
STAFF DRAFT S. L. C.
(a) IN GENERAL.Ð 2
(1) DEVELOPMENT.Ð The Administrator of the 3
General Services Administration, in coordination 4
with the Chief Information Officers Council, shall 5
develop and prom!
ulgate an online Federal telephone 6
directory. 7
(2) ORGANIZATION.Ð Information in the online 8
Federal telephone directory shall be organized and 9
retrievable both by function and by agency name. 10
(3) TELEPHONE DIRECTORIES.Ð Information 11
compiled for publication in the online Federal tele-12
phone directory shall be provided to local telephone 13
book publishers, to encourage publication and dis-14
semination of functionally arranged directories in 15
local Federal blue pages. 16
(b) EXECUTIVE AGENCIES.Ð 17
(1) IN GENERAL.Ð Each Executive agency (as 18
defined under section 105 of title 5, United States 19
Code) shall publish an online agency directory, ac-20
cessible by electronic link from the online Federal 21
telephone directory. 22
(2) CONTENT.Ð Each agency directoryÐ 23
(A) shall include telephone numbers and 24
electronic mail addresses for principal depart-25
32 Page 3334
33
STAFF DRAFT S. L. C.
rity restrictions and agency judgment; and 2
(B) shall be electronically searchable. 3
SEC. 204. ONLINE NATIONAL LIBRARY. 4
(a) IN GENERAL.Ð The Director of the National 5
Science Foundation, the Secretary of the Smithsonian In-6
stitution, the Director of the National Park Service, the 7
Director of the Institute of Museum and Library Services, 8
and the Librarian of Congress shall establish an Online 9
National Library after consultation withÐ 10
(1) the private sector; 11
(2) public, research, and academic libraries; 12
(3) historical societies; 13
(4) archival institutions; and 14
(5) other cultural and academic organizations. 15
(b) FUNCTIONS.Ð The Online National LibraryÐ 16 !
(1) shall provide public access to an expanding 17
database of educational resource materials, including 18
historical documents, photographs, audio recordings, 19
films, and other media as appropriate, that are sig-20
nificant for education and research in United States 21
history and culture; 22
(2) shall be functionally integrated, so that a 23
user may have access to the resources of the Library 24
33 Page 3435
34
STAFF DRAFT S. L. C.
institutions; and 2
(3) shall include educational resource materials 3
across a broad spectrum of United States history 4
and culture, including the fields of mathematics, 5
science, technology, liberal arts, fine arts, and hu-6
manities. 7
(c) AUTHORIZATION OF APPROPRIATIONS!
.Ð For the 8
purposes of developing, expanding, and maintaining this 9
Online National Library, there are authorized to be 10
appropriatedÐ 11
(1) to the National Science Foundation 12
$5,000,000 in fiscal year 2002, and such sums as 13
may be necessary for each fiscal year thereafter; and 14
(2) to the Library of Congress $5,000,000 in 15
fiscal year 2002, and such sums as may be nec-16
essary for each fiscal year thereafter. 17
SEC. 205. FEDERAL COURTS. 18
(a) INDIVIDUAL COURT WEBSITES.Ð The Chief Jus-19
tice of the United States and the chief judge of each cir-20
cuit and district shall establish with respect to the Su-21
preme Court or the respective court of appeal or district 22
(including the bankruptcy court of that district) a website, 23
that contains the following information or links to websites 24
with the following information: 25
34 Page 3536
35
STAFF DRAFT S. L. C.
courthouse, including the telephone numbers and 2
contact names for the clerk's office and justices' or 3
judges' chambers. 4
(2) Local rules and standing or general orders 5
of the court. 6
(3) Individual rules, if in existence, of each jus-7
tice or judge in that court. 8
(4) Access to docket information for each case. 9
(5) Access to the substance of all written opin-10
ions issued by the court, regardless of whether such 11
opinions are to be published in the official court re-12
porter, in a text searchable format. 13
(6) Access to all documents filed with the court-14
house in electronic form, described under subsection 15
(c)( 2). 16
(7) Any other information (including forms in 17
a format that can be do!
wnloaded) that the court de-18
termines useful to the public. 19
(b) MAINTENANCE OF DATA ONLINE.Ð 20
(1) UPDATE OF INFORMATION.Ð The informa-21
tion and rules on each website shall be updated reg-22
ularly and kept reasonably current. 23
(2) CLOSED CASES.Ð Electronic files and docket 24
information for cases closed for more than 1 year 25
35 Page 3637
36
STAFF DRAFT S. L. C.
all written opinions with a date of issuance after the 2
effective date of this section shall remain available 3
online. 4
(c) ELECTRONIC FILINGS.Ð 5
(1) IN GENERAL.Ð Each court shall make any 6
document that is filed electronically publicly avail-7
able online. A court may convert any document that 8
is filed in paper form to electronic f!
orm. To the ex-9
tent such conversions are made, all such electronic 10
versions of the document shall be made available on-11
line. 12
(2) EXCEPTIONS.Ð 13
(A) IN GENERAL.Ð Documents that are 14
filed that are not otherwise available to the 15
public, such as documents filed under seal, shall 16
not be made available online. 17
(B) LIMITATION.Ð 18
(i) IN GENERAL.Ð A party, witness, or 19
other person with an interest may file a 20
motion with the court to redact any docu-21
ment that would be made available online 22
under this section. 23
(ii) REDACTION.Ð A redaction under 24
this subparagraph shall be made only toÐ 25
36 Page 3738
37
STAFF DRAFT S. L. C.
ument made available online; and 2
(II) the extent necess!
ary to pro-3
tect important privacy concerns. 4
(C) PRIVACY CONCERNS.Ð The Judicial 5
Conference of the United States may promul-6
gate rules under this subsection to protect im-7
portant privacy concerns. 8
(d) DOCKETS WITH LINKS TO DOCUMENTS.Ð The 9
Judicial Conference of the United States, in consultation 10
with the Federal Chief Information Officer, shall explore 11
the feasibility of technology to post online dockets with 12
links allowing all filings, decisions, and rulings in each 13
case to be obtained from the docket sheet of that case. 14
(e) COST OF PROVIDING ELECTRONIC DOCKETING 15
INFORMATION.Ð Section 503( a) of the Judiciary Appro-16
priations Act, 1992 (28 U. S. C. 1913 note) is amended in 17
the first sentence by striking '' shall hereafter'' and insert-18
ing '' may, only to the extent necessary, ''. 19
(f) TIME REQUIREMENTS.Ð Not later than 2 years 20
after the effecti!
ve date of this Act, the websites under sub-21
section (a) shall be established, except that access to docu-22
ments filed in electronic form shall be established not later 23
than 4 years after that effective date. 24
(g) OPT OUT.Ð 25
37 Page 3839
38
STAFF DRAFT S. L. C.
(A) ELECTION.Ð 2
(i) NOTIFICATION.Ð The Chief Justice 3
of the United States or a chief judge may 4
submit a notification to the Administrative 5
Office of the United States Courts to elect 6
not to comply with any requirement of this 7
section with respect to the Supreme Court, 8
a court of appeals, or district (including 9
the bankruptcy court of that district). 10
(ii) CONTENTS.Ð A notification sub-11
mitted under this subparagraph shall 12
stateÐ 13
(I) the reason!
s for the non-14
compliance; and 15
(II) the online methods, if any, 16
or any alternative methods, such court 17
or district is using to provide greater 18
public access to information. 19
(B) EXCEPTION.Ð To the extent that the 20
Supreme Court, a court of appeals, or district 21
maintains a website under subsection (a), the 22
Supreme Court or that court of appeals or dis-23
trict shall comply with subsection (b)( 1). 24
38 Page 3940
39
STAFF DRAFT S. L. C.
effective date of this Act, the Judicial Conference of 2
the United States shall submit a report to the Com-3
mittees on Governmental Affairs and the Judiciary 4
of the Senate and the Committees on Government 5
Reform and the Judiciary of the House of Rep-6
!
resentatives thatÐ 7
(A) contains all notifications submitted to 8
the Administrative Office of the United States 9
Courts under this subsection; and 10
(B) summarizes and evaluates all notifica-11
tions. 12
SEC. 206. REGULATORY AGENCIES. 13
(a) INFORMATION PROVIDED BY AGENCIES ON-14
LINE.Ð To the extent practicable, each agency (as defined 15
(1) establish a website with information about 17
that agency; and 18
(2) post on the website all informationÐ 19
(A) required to be published in the Federal 20
Register under section 552( a)( 1) of title 5, 21
United States Code; and 22
(B) made available for public inspection 23
and copying under section 552( a) (2) and (5) of 24
39 Page 4041
40
STAFF DRAF!
T S. L. C.
date of this section. 2
(b) COMPLIANCE.Ð An agency may comply with sub-3
section (a)( 2) by providing hypertext links on a website 4
directing users to other websites where such information 5
may be found. To the extent that an agency provides 6
hypertext links, the agency shall provide clear instructions 7
to users on how to access the information sought within 8
the external website to which the links direct users. 9
(c) SUBMISSIONS BY ELECTRONIC MEANS.Ð To the 10
extent practicable, agencies shall accept submissions under 11
section 553( c) of title 5, United States Code, by electronic 12
means, including e-mail and telefacsimile. 13
(d) ELECTRONIC DOCKETING.Ð 14
(1) IN GENERAL.Ð To the extent practicable, 15
agencies shall, in consultation with the Federal Chief 16
Information Officer, and in connection with the 17
!
forum established under section 3602( a)( 10) of title 18
44, United States Code (as added by section 103 of 19
this Act), establish and maintain on their websites 20
electronic dockets for rulemakings under section 553 21
of title 5, United States Code. 22
(2) INFORMATION AVAILABLE.Ð Agency elec-23
tronic dockets shall make publicly available onlineÐ 24
40 Page 4142
41
STAFF DRAFT S. L. C.
statements in connection with each rulemaking; 2
and 3
(B) to the extent practicable, all submis-4
sions under section 553( c) of title 5, United 5
States Code, whether or not submitted elec-6
tronically. 7
(e) OPT OUT.Ð 8
(1) IN GENERAL.Ð 9
(A) NOTIFICATION.Ð An agency may sub-10
mit a notification to the Federal Chief Informa-11!
tion Officer to elect to not comply with any re-12
quirement of this section. 13
(B) CONTENTS.Ð A notification submitted 14
under this paragraph shall stateÐ 15
(i) the reasons for the noncompliance; 16
and 17
(ii) the online methods, if any, or any 18
alternative methods, the agency is using to 19
provide greater public access to regulatory 20
proceedings. 21
(2) REPORT.Ð Not later than October 1, of 22
each year, the Federal Chief Information Officer 23
shall submit a report to the Committee on Govern-24
mental Affairs of the Senate and the Committee on 25
41 Page 4243
42
STAFF DRAFT S. L. C.
thatÐ 2
(A) contains all notifications submitted to 3
the Federal Chief Information Officer under 4
this!
subsection; and 5
(B) summarizes and evaluates all notifica-6
tions. 7
(f) TIME LIMITATION.Ð To the extent practicable, 8
agencies shall implement subsections (a) and (b) not later 9
than 2 years after the effective date of this Act, and sub-10
section (c) not later than 4 years after that effective date. 11
SEC. 207. INTEGRATED REPORTING FEASIBILITY STUDY 12
AND PILOT PROJECTS. 13
(a) PURPOSES.Ð The purposes of this section are 14
toÐ 15
(1) enhance the interoperability of Federal in-16
formation systems; 17
(2) assist the public, including the regulated 18
community, in electronically submitting information 19
to agencies under Federal requirements, by reducing 20
the burden of duplicate collection and ensuring the 21
accuracy of submitted information; and 22
(3) enable any person to integrate and obtain 23
similar information held by 1 or more agencies 24
42 Page 4344
43
STAFF DRAFT S. L. C.
lating the privacy rights of an individual. 2
(b) DEFINITIONS.Ð In this section, the termÐ 3
(1) '' agency'' means an Executive agency as de-4
fined under section 105 of title 5, United States 5
Code; and 6
(2) '' person'' means any individual, trust, firm, 7
joint stock company, corporation (including a gov-8
ernment corporation), partnership, association, 9
State, municipality, commission, political subdivision 10
of a State, interstate body, or agency or component 11
of the Federal Government. 12
(c) REPORT.Ð 13
(1) IN GENERAL.Ð Not later than 3 years after 14
the date of enactment of this Act, the Federal Chief 15
Information Officer shall conduct a study and sub-16
mit a report!
to the Committee on Governmental Af-17
fairs of the Senate and the Committee on Govern-18
ment Reform of the House of Representatives on the 19
feasibility of integrating Federal information sys-20
tems across agencies. 21
(2) CONTENT.Ð The report under this section 22
shallÐ 23
(A) address the feasibility of integrating 24
data elements used in the electronic collection 25
43 Page 4445
44
STAFF DRAFT S. L. C.
under Federal statute without reducing the 2
quality, accessibility, scope, or utility of the in-3
formation contained in each database; 4
(B) address the feasibility of developing, or 5
enabling the development of, software, including 6
Internet-based tools, for use by reporting per-7
sons in assembling, docume!
nting, and validating 8
the accuracy of information electronically sub-9
mitted to agencies under nonvoluntary, statu-10
tory, and regulatory requirements; and 11
(C) address the feasibility of developing a 12
distributed information system involving, on a 13
voluntary basis, at least 2 agencies, thatÐ 14
(i) provides consistent, dependable, 15
and timely public access to the information 16
holdings of 1 or more agencies, or some 17
portion of such holdings, including the un-18
derlying raw data, without requiring public 19
users to know which agency holds the in-20
formation; 21
(ii) provides methods for input on im-22
proving the quality and integrity of the 23
data, including correcting errors in submis-24
44 Page 4546
45
STAFF DRAFT S. L. C.
changes made to the data; and 2
(iii) allows any person to integrate 3
public information held by the partici-4
pating agencies; 5
(D) address the feasibility of incorporating 6
other elements related to the purposes of this 7
section at the discretion of the Federal Chief 8
Information Officer; and 9
(E) make recommendations that Congress 10
or the executive branch can implement, through 11
the use of integrated reporting and information 12
systems, to reduce the burden on reporting and 13
strengthen public access to databases within 14
and across agencies. 15
(d) PILOT PROJECTS TO ENCOURAGE INTEGRATED 16
COLLECTION AND MANAGEMENT OF DATA AND INTER-17
OPERABILITY OF FEDERAL INFORMATION SYSTEMS.Ð 18
the study under subsection (c) the Federal Chief In-20
formation Officer shall implement a series !
of no 21
more than 5 pilot projects that integrate data ele-22
ments. The Federal Chief Information Officer shall 23
consult with agencies, the regulated community, 24
45 Page 4647
46
STAFF DRAFT S. L. C.
implementation. 2
(2) GOALS OF PILOT PROJECTS.Ð 3
(A) IN GENERAL.Ð Each goal described 4
under subparagraph (B) shall be addressed by 5
at least 1 pilot project each. 6
(B) GOALS.Ð The goals under this para-7
graph are toÐ 8
(i) reduce information collection bur-9
dens by eliminating duplicative data ele-10
ments within 2 or more reporting require-11
ments; 12
(ii) create interoperability between or 13
among public databases managed by 2 or 14
more agencies using technologies and tech-15
niques!
that facilitate public access; and 16
(iii) develop, or enable the develop-17
ment, of software to reduce errors in elec-18
tronically submitted information. 19
(3) INPUT.Ð Each pilot project shall seek input 20
from users on the utility of the pilot project and 21
areas for improvement. 22
(e) CONSULTATION IN PREPARING THE REPORT AND 23
PILOT PROJECT.Ð The Federal Chief Information Officer 24
shall coordinate with the Office of Information and Regu-25
46 Page 4748
47
STAFF DRAFT S. L. C.
with relevant agencies, and State, tribal, and local govern-2
ments in carrying out the report and pilot projects under 3
this section. 4
(f) PRIVACY PROTECTIONS.Ð The activities author-5
ized in this section shall afford pr!
otections for confidential 6
business information consistent with section 552( b)( 4) of 7
title 5, United States Code and personal privacy informa-8
tion under section 552a of title 5, United States Code and 9
other relevant law. 10
SEC. 208. ONLINE ACCESS TO FEDERALLY FUNDED RE-11
SEARCH AND DEVELOPMENT. 12
(a) DEFINITIONS.Ð In this section, the termÐ 13
(1) '' essential information'' shall includeÐ 14
(A) information identifying any person per-15
forming research and development under an 16
agreement and the agency providing the fund-17
ing; 18
(B) an abstract describing the research; 19
(C) references to published results; and 20
(D) other information determined appro-21
priate by the interagency task force convened 22
under this section; and 23
(2) '' federally funded research and 24
development''Ð 25
47
48
STAFF DRAFT S. L. C.
(A) shall be defined by the interagency 1
task force, with reference to applicable Office of 2
Management and Budget circulars and Depart-3
ment of Defense regulations; and 4
(B) shall include funds provided toÐ 5
(i) institutions other than the Federal 6
Government; and 7
(ii) Federal research and development 8
centers. 9
(b) INTERAGENCY TASK FORCE.Ð The Federal Chief 10
Information Officer shallÐ 11
(1) convene an interagency task force toÐ 12
(A) review databases, owned by the Fed-13
eral Government and other entities, that collect 14
and maintain data on federally funded research 15
and development toÐ 16
(i) determine areas of duplication; and 17
(ii) identify data that is needed but is 18
not being collected or efficiently dissemi-19
nated to the public or througho!
ut the Gov-20
ernment; 21
(B) develop recommendations for the Fed-22
eral Chief Information Officer on standards for 23
the collection and electronic dissemination of es-24
sential information about federally funded re-25
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search and development that addresses public 1
availability and agency coordination and col-2
laboration; and 3
(C) make recommendations to the Federal 4
Chief Information Officer onÐ 5
(i) which agency or agencies should 6
develop and maintain databases and a 7
website containing data on federally fund-8
ed research and development; 9
(ii) whether to continue using existing 10
databases, to use modified versions of 11
databases, or to develop another database; 12
(iii) the appropriate system archite!
c-13
ture to minimize duplication and use 14
emerging technologies; 15
(iv) criteria specifying what federally 16
funded research and development projects 17
should be included in the databases; and 18
(v) standards for security of and pub-19
lic access to the data; and 20
(2) not later than 1 year of the date of enact-21
ment of this Act, after offering an opportunity for 22
public comment, promulgate standards and regula-23
tions based on the recommendations, including a de-24
termination as to which agency or agencies should 25
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develop and maintain databases and a website con-1
taining data on federally funded research and devel-2
opment. 3
(c) MEMBERSHIPS.Ð The interagency task force shall 4
consist of the Federal Chie!
f Information Officer and rep-5
resentatives fromÐ 6
(1) the Department of Commerce; 7
(2) the Department of Defense; 8
(3) the Department of Energy; 9
(4) the Department of Health and Human 10
Services; 11
(5) the National Aeronautics and Space Admin-12
istration; 13
(6) the National Archives and Records Adminis-14
tration; 15
(7) the National Science Foundation; 16
(8) the National Institute of Standards and 17
Technology; and 18
(9) any other agency determined by the Federal 19
Chief Information Officer. 20
(d) CONSULTATION.Ð The task force shall consult 21
withÐ 22
(1) Federal agencies supporting research and 23
development; 24
(2) members of the scientific community; 25
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(3) scientific publishers; a!
nd 1
(4) interested persons in the private and non-2
profit sectors. 3
(e) DEVELOPMENT AND MAINTENANCE OF DATA-4
BASE AND WEBSITE.Ð 5
(1) IN GENERAL.Ð 6
(A) DATABASE AND WEBSITE.Ð The agen-7
cy or agencies determined under subsection 8
(b)( 2), with the assistance of any other agency 9
designated by the Federal Chief Information 10
Officer, shall developÐ 11
(i) a database if determined to be nec-12
essary by the Federal Chief Information 13
Officer; and 14
(ii) a centralized, searchable website 15
for the electronic dissemination of informa-16
tion reported under this section, with re-17
spect to information made available to the 18
public and for agency coordination and col-19
laboration. 20
(B) CONFORMANCE TO STANDARDS.Ð The 21
website and any necessary database shall con-22
form to the standards promulgated by the Fed-23
eral Chief Information Officer. 24 !
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(2) LINKS.Ð Where the results of the federally 1
funded research have been published, the website 2
shall contain links to the servers of the publishers if 3
possible. The website may include links to other rel-4
evant websites containing information about the re-5
search. 6
(3) OTHER RESEARCH.Ð The website may in-7
clude information about published research not 8
funded by the Federal Government, and links to the 9
servers of the publishers. 10
(4) DEVELOPMENT AND OPERATION.Ð The 11
Federal Chief Information Officer shall oversee the 12
development and operation of the website. The 13
website shall be operational not later than 2 years 14
after the date of enactment of this Act. 15
(f) PROVISION OF INFORMATION.Ð Any agency tha!
t 16
funds research and development meeting the criteria pro-17
mulgated by the Federal Chief Information Officer shall 18
provide the required information in the manner prescribed 19
by the Federal Chief Information Officer. An agency may 20
impose reporting requirements necessary for the imple-21
mentation of this section on recipients of Federal funding 22
as a condition of the funding. 23
(g) AUTHORIZATION OF APPROPRIATIONS.Ð There 24
are authorized to be appropriated for the development and 25
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maintenance of the centralized website and any necessary 1
database under this section, $1,000,000 in fiscal year 2
2002, $5,000,000 in fiscal year 2003, and such sums as 3
may be necessary for fiscal years 2004 through 2006. 4
SEC. 209. CO!
MMON PROTOCOLS FOR GEOSPATIAL INFOR-5
MATION SYSTEMS. 6
(a) IN GENERAL.Ð The Secretary of the Interior, in 7
consultation with the National Institute of Standards and 8
Technology and other agencies, private sector experts, 9
commercial and international standards groups, and other 10
interested parties, shall facilitate the development of com-11
mon protocols for the development, acquisition, mainte-12
nance, distribution, and application of geospatial informa-13
tion. 14
(b) FEDERAL CHIEF INFORMATION OFFICER.Ð The 15
Federal Chief Information Officer shallÐ 16
(1) oversee the interagency initiative to develop 17
common protocols; 18
(2) coordinate with State, local, and tribal gov-19
ernments and other interested persons on aligning 20
geospatial information; and 21
(3) promulgate the standards relating to the 22
protocols. 23
(c) COMMON PROTOCOLS.Ð The common protocols !
24
shall be designed toÐ 25
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(1) maximize the degree to which unclassified 1
geospatial information from various sources can be 2
made electronically compatible; and 3
(2) promote the development of interoperable 4
geospatial information systems technologies that will 5
allow widespread, low-cost use and sharing of 6
geospatial data by Federal agencies, State, local, 7
and tribal governments, and the public. 8
(d) AUTHORIZATION OF APPROPRIATIONS.Ð There 9
are authorized to be appropriated to the Department of 10
the Interior, $2,000,000 in fiscal year 2002, and such 11
sums as may be necessary for each fiscal year thereafter, 12
to support the coordinated activities of Federal agencies 13
in developing common protocols under this sec!
tion. 14
SEC. 210. SHARE-IN-SAVINGS PROGRAM IMPROVEMENTS. 15
Section 5311 of the Clinger-Cohen Act of 1996 (divi-16
sions D and E of Public Law 104± 106; 110 Stat. 692; 17
40 U. S. C. 1491) is amendedÐ 18
(1) in subsection (a)Ð 19
(A) by striking '' the heads of two executive 20
agencies to carry out'' and inserting '' heads of 21
executive agencies to carry out a total of five 22
projects under''; 23
(B) by striking '' and'' at the end of para-24
graph (1); 25
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(C) by striking the period at the end of 1
paragraph (2) and inserting ''; and''; and 2
(D) by adding at the end the following: 3
''( 3) encouraging the use of the contracting and 4
sharing approach described in paragraphs (1) and 5
(2) by allowing the head o!
f the executive agency con-6
ducting a project under the pilot programÐ 7
''( A) to retain, out of the appropriation ac-8
counts of the executive agency in which savings 9
computed under paragraph (2) are realized as 10
a result of the project, up to the amount equal 11
to half of the excess ofÐ 12
''( i) the total amount of the savings; 13
over 14
''( ii) the total amount of the portion 15
of the savings paid to the private sector 16
source for such project under paragraph 17
(2); and 18
''( B) to use the retained amount to acquire 19
additional information technology or support 20
share-in-savings contracting approaches in the 21
agency. ''; 22
(2) in subsection (b)Ð 23
(A) by inserting '' a project under'' after 24
'' authorized to carry out''; and 25
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(B) by striking '' carry out one project 1
and''; and 2
(3) by striking subsection (c) and inserting the 3
following: 4
''( c) EVOLUTION BEYOND PILOT PROGRAM.Ð( 1) 5
The Administrator may provide general authority to the 6
heads of executive agencies to use a share-in-savings con-7
tracting approach to the acquisition of information tech-8
nology solutions for improving mission-related or adminis-9
trative processes of the Federal Government ifÐ 10
''( A) after reviewing the experience under the 11
five projects carried out under the pilot program 12
under subsection (a), the Administrator finds that 13
the approach offers the Federal Government an op-14
portunity to improve its use of information tech-15
nology and to reduce costs; and 16
''( B) issues guidance for the exercise of that 17
authority. 18
''( 2) For the purposes of paragraph (!
1), a share-in-19
savings contracting approach provides for contracting as 20
described in paragraph (1) of subsection (a) together with 21
the sharing and retention of amounts saved as described 22
in paragraphs (2) and (3) of that subsection. 23
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''( 3) In exercising the authority provided to the Ad-1
ministrator in paragraph (1), the Administrator shall con-2
sult with the Federal Chief Information Officer. 3
''( d) AVAILABILITY OF RETAINED SAVINGS.Ð( 1) 4
Amounts retained by the head of an executive agency 5
under subsection (a)( 3) or (c) shall, without further ap-6
propriation, remain available until expended and may be 7
used by the executive agency for any of the following pur-8
poses: 9
''( A) The acquisition of information techn!
ology. 10
''( B) Support for share-in-savings contracting 11
approaches throughout the agency includingÐ 12
''( i) education and training programs for 13
share-in-savings contracting; 14
''( ii) assessments of the usefulness of 15
share-in-savings contracts of any type for any-16
where in the agency; 17
''( iii) any administrative costs associated 18
with the share-in-savings contract from which 19
the savings were realized; or 20
''( iv) the cost of share-in-savings contract 21
specialists. 22
''( 2) Amounts so retained from any appropriation of 23
the executive agency not otherwise available for the acqui-24
sition of information technology shall be transferred to 25
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any appropriation of the executive agency that is available!
1
for such purpose. ''. 2
SEC. 211. ENHANCING CRISIS MANAGEMENT THROUGH AD-3
VANCED INFORMATION TECHNOLOGY. 4
(a) IN GENERAL.Ð 5
(1) STUDY ON ENHANCEMENT OF CRISIS RE-6
SPONSE.Ð Not later than 90 days after the date of 7
enactment of this Act, the Federal Emergency Man-8
agement Agency shall enter into a contract with the 9
National Research Council of the National Academy 10
of Sciences to conduct a study on using information 11
technology to enhance crisis response and con-12
sequence management of natural and manmade dis-13
asters. 14
(2) CONTENT.Ð The study under this sub-15
section shall addressÐ 16
(A) a research and implementation strat-17
egy for effective use of information technology 18
in crisis response and consequence manage-19
ment, including the more effective use of tech-20
nologies, management of information technology 21
research initiat!
ives, and incorporation of re-22
search advances into the information and com-23
munications systems ofÐ 24
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(i) the Federal Emergency Manage-1
ment Agency; and 2
(ii) other Federal, State, and local 3
agencies responsible for crisis response and 4
consequence management; and 5
(B) opportunities for research and develop-6
ment on enhanced technologies forÐ 7
(i) improving communications with 8
citizens at risk before and during a crisis; 9
(ii) enhancing the use of remote sen-10
sor data and other information sources for 11
planning, mitigation, response, and ad-12
vance warning; 13
(iii) building more robust and trust-14
worthy systems for communications in cri-15
ses; 16
(iv) facilitating coordinated actions 17 !
among responders through more interoper-18
able communications and information sys-19
tems; and 20
(v) other areas of potential improve-21
ment as determined during the course of 22
the study. 23
(3) REPORT.Ð Not later than 2 years after the 24
date on which a contract is entered into under para-25
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graph (1), the National Research Council shall sub-1
mit a report on the study, including findings and 2
recommendations toÐ 3
(A) the Committee on Governmental Af-4
fairs of the Senate; 5
(B) the Committee on Government Reform 6
of the House of Representatives; and 7
(C) the Federal Emergency Management 8
Agency. 9
(4) INTERAGENCY COOPERATION.Ð The Federal 10
Emergency Management Agency and other Federal 11
depar!
tments and agencies with responsibility for dis-12
aster relief and emergency assistance shall fully co-13
operate with the National Research Council in car-14
rying out this section. 15
(5) EXPEDITED PROCESSING OF SECURITY 16
CLEARANCES.Ð For the purpose of facilitating the 17
commencement of the study under this section, the 18
Federal Emergency Management Agency and other 19
relevant agencies shall expedite to the fullest extent 20
possible the processing of security clearances that 21
are necessary for the National Research Council. 22
(6) AUTHORIZATION OF APPROPRIATIONS.Ð 23
There are authorized to be appropriated to the Fed-24
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eral Emergency Management Agency for research 1
under this subsection, $800,000 for fiscal year 2002. !
2
(b) PILOT PROJECTS.Ð Based on the results of the 3
research conducted under subsection (a), the Federal 4
Chief Information Officer shall initiate pilot projects with 5
the goal of maximizing the utility of information tech-6
nology in disaster management. The Federal Chief Infor-7
mation Officer shall cooperate with the Federal Emer-8
gency Management Agency, other relevant agencies, and, 9
if appropriate, State, local, and tribal governments, in ini-10
tiating such pilot projects. 11
SEC. 212. FEDERAL INFORMATION TECHNOLOGY TRAINING 12
CENTER. 13
(a) IN GENERAL.Ð In consultation with the Federal 14
Chief Information Officer, the Chief Information Officers 15
Council, and the Administrator of General Services, the 16
Director of the Office of Personnel Management shall es-17
tablish and operate a Federal Information Technology 18
Training Center (in this section referred to as!
the '' Train-19
ing Center''). 20
(b) FUNCTIONS.Ð The Training Center shallÐ 21
(1) analyze, on an ongoing basis, the personnel 22
needs of the Federal Government related to informa-23
tion technology and information resource manage-24
ment; 25
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(2) design curricula, training methods, and 1
training schedules that correspond to the projected 2
personnel needs of the Federal Government related 3
to information technology and information resource 4
management; and 5
(3) recruit and train Federal employees in in-6
formation technology disciplines, as necessary, at a 7
rate that ensures that the Federal Government's in-8
formation resource management needs are met. 9
(c) CURRICULA.Ð The curricula of the Training 10
CenterÐ 11 !
(1) shall cover a broad range of information 12
technology disciplines corresponding to the specific 13
needs of Federal agencies; 14
(2) shall be adaptable to achieve varying levels 15
of expertise, ranging from basic nonoccupational 16
computer training to expert occupational proficiency 17
in specific information technology disciplines, de-18
pending on the specific information resource man-19
agement needs of Federal agencies; 20
(3) shall be developed and applied according to 21
rigorous academic standards; and 22
(4) shall be designed to maximize efficiency 23
through the use of self-paced courses, online courses, 24
on-the-job training, and the use of remote instruc-25
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tors, wherever such features can be applied without 1
reducing training effectiveness or negatively impact-2
ing academic standards. 3
(d) EMPLOYEE PARTICIPATION.Ð Subject to informa-4
tion resource management needs and the limitations im-5
posed by resource needs in other occupational areas, agen-6
cies shall encourage their employees to participate in the 7
occupational information technology curricula of the 8
Training Center. 9
(e) AGREEMENTS FOR SERVICE.Ð Employees who 10
participate in full-time training at the Training Center for 11
a period of 6 months or longer shall be subject to an agree-12
ment for service after training under section 4108 of title 13
5, United States Code. 14
(f) AUTHORIZATION OF APPROPRIATIONS.Ð There 15
are authorized to be appropriated to the Office of Per-16
sonnel Management for developing and operating the 17
Training Center, $7,000,000 in fiscal year 2002, and such 18
sums as may be necessary for each fiscal!
year thereafter. 19
SEC. 213. COMMUNITY TECHNOLOGY CENTERS. 20
(a) STUDY AND REPORT.Ð Not later than 2 years 21
after the effective date of this Act, the Secretary of Edu-22
cation, in consultation with the Secretary of Commerce, 23
the Secretary of Agriculture, the Secretary of Housing and 24
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Urban Development, and the Federal Chief Information 1
Officer, shallÐ 2
(1) conduct a study to evaluate the best prac-3
tices of community technology centers that receive 4
Federal funds; and 5
(2) submit a report on the study toÐ 6
(A) the Committee on Governmental Af-7
fairs of the Senate; 8
(B) the Committee on Health, Education, 9
Labor, and Pensions of the Senate; 10
(C) the Committee on Government Reform 11
of the Hous!
e of Representatives; and 12
(D) the Committee on Education and the 13
Workforce of the House of Representatives. 14
(b) CONTENT.Ð The report shall includeÐ 15
(1) an evaluation of the best practices being 16
used by successful community technology centers; 17
(2) a strategy forÐ 18
(A) continuing the evaluation of best prac-19
tices used by community technology centers; 20
and 21
(B) establishing a network to share infor-22
mation and resources as community technology 23
centers evolve; 24
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(3) the identification of methods to expand the 1
use of best practices to assist community technology 2
centers, public libraries, and other institutions that 3
provide computer and Internet access to the public; 4
(4) a database of al!
l community technology cen-5
ters receiving Federal funds, includingÐ 6
(A) each center's name, location, services 7
provided, director, other points of contact, num-8
ber of individuals served; and 9
(B) other relevant information; 10
(5) an analysis of whether community tech-11
nology centers have been deployed effectively in 12
urban and rural areas throughout the Nation; and 13
(6) recommendations of how toÐ 14
(A) enhance the development of community 15
technology centers; and 16
(B) establish a network to share informa-17
tion and resources. 18
(c) COOPERATION.Ð All agencies that fund commu-19
nity technology centers shall provide to the Department 20
of Education any information and assistance necessary for 21
the completion of the study and the report under this sec-22
tion. 23
(d) ASSISTANCE.Ð 24
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(1) IN GENERAL.Ð The Federal Chief Informa-1
tion Officer shall work with the Department of Edu-2
cation, other relevant Federal agencies, and other in-3
terested persons in the private and nonprofit sectors 4
toÐ 5
(A) assist in the implementation of rec-6
ommendations; and 7
(B) identify other ways to assist commu-8
nity technology centers, public libraries, and 9
other institutions that provide computer and 10
Internet access to the public. 11
(2) TYPES OF ASSISTANCE.Ð Assistance under 12
this paragraph may includeÐ 13
(A) contribution of funds; 14
(B) donations of equipment, and training 15
in the use and maintenance of the equipment; 16
and 17
(C) the provision of basic instruction or 18
training material in computer skills and Inter-19
net usage. 20
(e) TRAINING CENTER.Ð The!
Federal Information 21
Technology Training Center established under section 212 22
of this Act shall make applicable information technology 23
curricula available to members of the public through the 24
community technology centers. 25
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(f) ONLINE TUTORIAL.Ð 1
(1) IN GENERAL.Ð The Secretary of Education, 2
in consultation with the Federal Chief Information 3
Officer, the National Science Foundation, and other 4
interested persons, shall develop an online tutorial 5
thatÐ 6
(A) explains how to access information and 7
services on the Internet; and 8
(B) provides a guide to available online re-9
sources. 10
(2) DISTRIBUTION.Ð The Secretary of Edu-11
cation shall distribute information on the tutorial to 12
community technolo!
gy centers, public libraries, and 13
other institutions that afford Internet access to the 14
public. 15
(g) PROMOTION OF COMMUNITY TECHNOLOGY CEN-16
TERS.Ð In consultation with other agencies and organiza-17
tions, the Department of Education shall promote the 18
availability of community technology centers to raise 19
awareness within each community where such a center is 20
located. 21
(h) AUTHORIZATION OF APPROPRIATIONS.Ð There 22
are authorized to be appropriated to the Department of 23
Education for the study of best practices at community 24
technology centers, for the development and dissemination 25
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of the online tutorial, and for the promotion of community 1
technology centers under this section $2,000,000 in fiscal 2
!
year 2002, $2,000,000 in fiscal year 2003, and such sums 3
as are necessary in fiscal years 2004 through 2006. 4
SEC. 214. DISPARITIES IN ACCESS TO THE INTERNET. 5
(a) STUDY AND REPORT.Ð Not later than 1 year 6
after the effective date of this ActÐ 7
(1) the Federal Chief Information Officer shall 8
enter into an agreement with the National Academy 9
of Public Administration to conduct a study on dis-10
parities in Internet access across various demo-11
graphic distributions; and 12
(2) the National Academy of Public Adminis-13
tration shall conduct the study and submit a report 14
toÐ 15
(A) the Committee on Governmental Af-16
fairs of the Senate; and 17
(B) the Committee on Government Reform 18
of the House of Representatives. 19
(b) CONTENT.Ð The report shall include a study ofÐ 20
(1) how disparities in Internet access influence 21
the effectiveness of online Government se!
rvices; 22
(2) how the increase in online Government serv-23
ices is influencing the disparities in Internet access; 24
and 25
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(3) any related societal effects arising from the 1
interplay of disparities in Internet access and the in-2
crease in online Government services. 3
(c) RECOMMENDATIONS.Ð The report shall include 4
recommendations on actions to ensure that online Govern-5
ment initiatives shall not have the unintended result of 6
increasing any deficiency in public access to Government 7
services. 8
(d) POLICY CONSIDERATIONS.Ð When promulgating 9
policies and implementing programs regarding the provi-10
sion of services over the Internet, the Federal Chief Infor-11
mation Officer and agency heads shallÐ 12
(1) consider !
the impact on persons without ac-13
cess to the Internet; and 14
(2) ensure that the availability of Government 15
services has not been diminished for individuals who 16
lack access to the Internet. 17
(e) TECHNOLOGY CONSIDERATIONS.Ð To the extent 18
feasible, the Federal Chief Information Officer and agency 19
heads shall pursue technologies that make Government 20
services and information more accessible to individuals 21
who do not own computers or have access to the Internet. 22
(f) AUTHORIZATION OF APPROPRIATIONS.Ð There 23
are authorized to be appropriated $950,000 in fiscal year 24
2002 to carry out this section. 25
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SEC. 215. ACCESSIBILITY, USABILITY, AND PRESERVATION 1
OF GOVERNMENT INFORMATION. 2
(a) DEFINITI!
ONS.Ð In this section, the termÐ 3
(1) '' agency'' has the meaning given under sec-4
tion 3502( 1) of title 44, United States Code; 5
(2) '' Board'' means the Advisory Board on Gov-6
ernment Information established under subsection 7
(b); 8
(3) '' electronic Government information'' means 9
Government information in electronic form and dis-10
seminated on the Internet; 11
(4) '' Government information'' means informa-12
tion created, collected, processed, disseminated, or 13
disposed of by or for the Federal Government; 14
(5) '' information'' means any communication or 15
representation of knowledge such as facts, data, or 16
opinions, in any medium or form, including textual, 17
numerical, graphic, cartographic, narrative, or 18
audiovisual forms; and 19
(6) '' permanent public access'' means the proc-20
ess by which applicable electronic Government infor-21
mation is preserved for!
current, continuous, and fu-22
ture public access. 23
(b) ADVISORY BOARD.Ð 24
(1) ESTABLISHMENT.Ð There is established the 25
Advisory Board on Government Information. The 26
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Board shall be subject to the Federal Advisory Com-1
mittee Act (5 U. S. C. App.). 2
(2) MEMBERS.Ð The Federal Chief Information 3
Officer shall appoint the members of the Board who 4
shall include representatives from appropriate agen-5
cies and interested persons from the public, private, 6
and nonprofit sectors. 7
(3) FUNCTIONS.Ð The Board shall conduct 8
studies and submit recommendations as provided by 9
this section to the Federal Chief Information Offi-10
cer. 11
(4) TERMINATION.Ð The Board shall terminate 12
3 years after the effective date o!
f this Act. 13
(c) CATALOGUING AND INDEXING STANDARDS.Ð 14
(1) AGENCY FUNCTIONS.Ð 15
(A) REPORTS.Ð Not later than 180 days 16
after the effective date of this Act, each agency 17
shall submit a report to the Board on all cata-18
loguing and indexing standards used by that 19
agency, including taxonomies being used to 20
classify information. 21
(B) PRIORITIES AND SCHEDULES.Ð Not 22
later than 180 days after the issuance of a cir-23
cular or the promulgation of proposed regula-24
tions under paragraph (3), each agency shall 25
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consult with interested persons and develop pri-1
orities and schedules for making the agency in-2
dexing and cataloguing standards fully inter-3
operable with other standards in use in the 4
Federal !
Government. 5
(2) BOARD FUNCTIONS.Ð The Board shallÐ 6
(A) not later than 1 year after the effective 7
date of this ActÐ 8
(i) review cataloguing and indexing 9
standards used by agencies; and 10
(ii) determine whether the systems 11
using those standards are generally recog-12
nized, in the public domain, and interoper-13
able; and 14
(B) not later than 18 months after the ef-15
fective date of this ActÐ 16
(i) consult interested persons; 17
(ii) analyze and determine agency 18
public domain standards that are not fully 19
interoperable with other standards; and 20
(iii) recommend priorities and sched-21
ules for making such standards fully inter-22
operable. 23
(3) FEDERAL CHIEF INFORMATION OFFICER 24
FUNCTIONS.Ð 25
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(A) PROHIBITION OF PROPRIETARY SYS-1
TEMS.Ð 2
(i) IN GENERAL.Ð After the submis-3
sion of recommendations by the Board 4
under paragraph (2) and public notice and 5
opportunity for comment, the Federal 6
Chief Information Officer shall prohibit 7
agencies from using any system the Fed-8
eral Chief Information Officer determines 9
to be proprietary. 10
(ii) WAIVER.Ð The Federal Chief In-11
formation Officer may waive the applica-12
tion of clause (i), if the Federal Chief In-13
formation Officer determines there is a 14
compelling reason to continue the use of 15
the system. 16
(B) INTEROPERABILITY STANDARDS.Ð Not 17
later than 18 months after the effective date of 18
this Act and after public notice and opportunity 19
for comment, the Office of Management and 20
Budget, acting through the Federal Chief Infor-21
mation Officer, shall issue a circular or p!
romul-22
gate proposed and final regulations requiring 23
the interoperability standards of cataloguing 24
and indexing standards used by agencies. 25
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(d) PERMANENT PUBLIC ACCESS STANDARDS.Ð 1
(1) AGENCY FUNCTIONS.Ð 2
(A) REPORT TO BOARD.Ð Not later than 3
180 days after the effective date of this Act, 4
each agency shall submit a report to the Board 5
on any action taken by the agency toÐ 6
(i) preserve public access to electronic 7
Government information; and 8
(ii) set standards and develop policies 9
to ensure permanent public access to elec-10
tronic Government information. 11
(B) COMPLIANCE WITH REGULATIONS.Ð 12
Not later than 1 year after the issuance of the 13
circular or the promulgation of final regulations 14 under paragraph (3), and on October 1, of each 15
year thereafter, each agency shall submit a re-16
port on compliance of that agency with such 17
regulations toÐ 18
(i) the Federal Chief Information Of-19
ficer; 20
(ii) the Committee on Governmental 21
Affairs of the Senate; and 22
(iii) the Committee on Government 23
Reform of the House of Representatives. 24
(2) BOARD FUNCTIONS.Ð 25
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(A) RECOMMENDED STANDARDS.Ð Not 1
later than 30 months after the effective date of 2
this Act and after consultation with interested 3
persons, the Board shall submit recommenda-4
tions to the Federal Chief Information Officer 5
on standards for permanent public access to 6
electronic Government information. 7
(B) CONTENTS.Ð The reco!
mmendations 8
under subparagraph (A) shall includeÐ 9
(i) a definition of the types of elec-10
tronic documents to which the standards 11
apply; and 12
(ii) the process by which an agencyÐ 13
(I) applies that definition to 14
agency documents; and 15
(II) implements permanent public 16
access. 17
(3) FEDERAL CHIEF INFORMATION OFFICER 18
FUNCTIONS.Ð 19
(A) IN GENERAL.Ð After the submission of 20
recommendations by the Board under para-21
graph (2) and public notice and opportunity for 22
comment, the Office of Management and Budg-23
et, acting through the Federal Chief Informa-24
tion Officer, shall issue a circular or promulgate 25
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proposed and final regulations establishing per-1
manent public access standar!
ds for agencies. 2
(B) COMPLIANCE.Ð The Federal Chief In-3
formation Officer shallÐ 4
(i) work with agencies to ensure time-5
ly and ongoing compliance with this sub-6
section; and 7
(ii) post agency reports on a central-8
ized searchable database, with a link to the 9
integrated Internet-based system estab-10
lished under section 3602( a)( 13) of title 11
44, United States Code, as added by this 12
Act. 13
(e) INVENTORIES.Ð 14
(1) AGENCY FUNCTIONS.Ð 15
(A) IN GENERAL.Ð 16
(i) INVENTORIES.Ð Not later than 17
180 days after the effective date of this 18
Act, each agency shall inventory agency 19
websites, including all directories and sub-20
directories of such websites established by 21
the agency or contractors of the agency. 22
(ii) INDIVIDUAL DOCUMENTS.Ð Noth-23
ing in this paragraph shall preclude an 24
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agency from inventorying individual docu-1
ments on a website. 2
(iii) ASSISTANCE.Ð The Federal Chief 3
Information Officer and the General Serv-4
ices Administration shall assist agencies 5
with inventories under this subsection. 6
(B) COMPLETION OF INVENTORY.Ð Each 7
agency shall complete inventories in accordance 8
with the circular issued or regulations promul-9
gated under paragraph (3) and post the inven-10
tories on the Internet. 11
(2) BOARD FUNCTIONS.Ð Not later than 1 year 12
after the effective date of this Act, the Board 13
shallÐ 14
(A) consult with interested parties; 15
(B) identify for inventory purposes all 16
classes of Government information, except 17
classes which are classified or of a sensitive na-18
ture, the disclosure of which would harm the 19
public interest; and 20
(C) recommend the classes of information 21
to be inventoried. 22
(3) FEDERAL CHIEF INFORMATION OFFICER 23
FUNCTIONS.Ð 24
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(A) GUIDANCE.Ð After submission of rec-1
ommendations by the Board under paragraph 2
(2) and public notice and opportunity for com-3
ment, the Office of Management and Budget, 4
acting through the Chief Information Officer, 5
shall issue a circular or promulgate proposed 6
and final regulations to provide guidance and 7
requirements for inventorying under this sub-8
section. 9
(B) CONTENTS.Ð The circular or regula-10
tions under this paragraph shall includeÐ 11
(i) requirements for the completion of 12
inventories of some portion of Government 13
information identified by !
the Board; 14
(ii) the scope of required inventories; 15
(iii) a schedule for completion; and 16
(iv) the classes of information re-17
quired to be inventoried by law. 18
(C) LINKING OF INVENTORIES.Ð The Fed-19
eral Chief Information Officer shall link inven-20
tories posted by agencies under this subsection 21
to the integrated Internet-based system estab-22
lished under section 3602( a)( 13) of title 44, 23
United States Code, as added by this Act. 24
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(f) STATUTORY AND REGULATORY REVIEW.Ð Not 1
later than 180 days after the effective date of this Act, 2
the General Accounting Office shallÐ 3
(1) conduct a review of all statutory and regu-4
latory requirements of agencies to list and describe 5
Government information; 6
(!
2) analyze the inconsistencies, redundancies, 7
and inadequacies of such requirements; and 8
(3) submit a report on the review and analysis 9
toÐ 10
(A) the Federal Chief Information Officer; 11
(B) the Committee on Governmental Af-12
fairs of the Senate; and 13
(C) the Committee on Government Reform 14
of the House of Representatives. 15
(g) CATALOGUING AND INDEXING DETERMINA-16
TIONS.Ð 17
(1) AGENCY FUNCTIONS.Ð 18
(A) PRIORITIES AND SCHEDULES.Ð Not 19
later than 180 days after the issuance of a cir-20
cular or the promulgation of proposed regula-21
tions under paragraph (3), each agency shall 22
consult with interested persons and develop pri-23
orities and schedules for cataloguing and index-24
ing Government information. Agency priorities 25
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and schedules shall be made available for public 1
review and comment and shall be linked on the 2
Internet to an agency's inventories. 3
(B) COMPLIANCE WITH REGULATIONS.Ð 4
Not later than 1 year after the issuance of the 5
circular or the promulgation of final regulations 6
under paragraph (3), and on October 1, of each 7
year thereafter, each agency shall submit a re-8
port on compliance of that agency with such 9
circular or regulations toÐ 10
(i) the Federal Chief Information Of-11
ficer; 12
(ii) the Committee on Governmental 13
Affairs of the Senate; and 14
(iii) the Committee on Government 15
Reform of the House of Representatives. 16
(2) BOARD FUNCTIONS.Ð The Board shallÐ 17
(A) not later than 1 year after the effective 18
date of this ActÐ 19
(i) review the report submitted by the 20
General Accounting Office under sub-21
sectio!
n (f); and 22
(ii) review the types of Government 23
information not covered by cataloguing or 24
indexing requirements; and 25
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(B) not later than 18 months after receipt 1
of agency inventoriesÐ 2
(i) consult interested persons; 3
(ii) review agency inventories; and 4
(iii) recommend priorities for the cata-5
loguing and indexing of Government infor-6
mation, including priorities required by 7
statute or regulation. 8
(3) FEDERAL CHIEF INFORMATION OFFICER 9
FUNCTIONS.Ð 10
(A) IN GENERAL.Ð After the submission of 11
recommendations by the Board under para-12
graph (2) and public notice and opportunity for 13
comment, the Office of Management and Budg-14
et, acting through the Federal Chief Informa-15
tion Off!
icer, shall issue a circular or promulgate 16
proposed and final regulations establishing 17
standards requiring the cataloguing or indexing 18
of classes of information for agencies. 19
(B) COMPLIANCE.Ð The Federal Chief In-20
formation Officer shallÐ 21
(i) work with agencies to ensure time-22
ly and ongoing compliance with this sub-23
section; and 24
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(ii) post agency reports on a central-1
ized searchable database, with a link to the 2
integrated Internet-based system estab-3
lished under section 3602( a)( 13) of title 4
44, United States Code, as added by this 5
Act. 6
(h) AVAILABILITY OF GOVERNMENT INFORMATION 7
ON THE INTERNET.Ð Not later than 18 months after the 8
effective date of this Act, each agency shallÐ 9!
(1) consult with the Board and interested per-10
sons; 11
(2) develop priorities and schedules for making 12
Government information available and accessible to 13
the public on the Internet and by other means; 14
(3) make such priorities and schedules available 15
for public comment; and 16
(4) post the final priorities and schedules on an 17
agency website with a link to the integrated Inter-18
net-based system established under section 19
3602( a)( 13) of title 44, United States Code, as 20
added by this Act. 21
SEC. 216. PUBLIC DOMAIN DIRECTORY OF FEDERAL GOV-22
ERNMENT WEBSITES. 23
(a) DEFINITIONS.Ð In this section, the termÐ 24
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(1) '' agency'' has the meaning given under sec-1
tion 3502( 1) of title 44,!
United States Code; and 2
(2) '' directory'' means a taxonomy of subjects 3
linked to websites that is created with the participa-4
tion of human editors. 5
(b) ESTABLISHMENT.Ð Not later than 2 years after 6
the effective date of this Act, the Federal Chief Informa-7
tion Officer and each agency shallÐ 8
(1) develop and establish a public domain direc-9
tory of Federal Government websites; and 10
(2) post the directory on the Internet with a 11
link to the integrated Internet-based system estab-12
lished under section 3602( a)( 13) of title 44, United 13
States Code, as added by this Act. 14
(c) DEVELOPMENT.Ð With the assistance of each 15
agency, the Federal Chief Information Officer shallÐ 16
(1) direct the development of the directory 17
through a collaborative effort, including input 18
fromÐ 19
(A) agency librarians; 20
(B) Federal depository librarians; and 21
(C) other i!
nterested parties; and 22
(2) develop a public domain taxonomy of sub-23
jects used to review and categorize Federal Govern-24
ment websites. 25
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(d) UPDATE.Ð With the assistance of each agency, 1
the Federal Chief Information Officer shallÐ 2
(1) update the directory; and 3
(2) solicit interested persons for improvements 4
to the directory. 5
SEC. 217. STANDARDS FOR AGENCY WEBSITES. 6
Not later than 1 year after the effective date of this 7
Act, the Federal Chief Information Officer shall promul-8
gate standards and criteria for agency websites that 9
includeÐ 10
(1) requirements that websites include direct 11
links toÐ 12
(A) privacy statements; 13
(B) descriptions of the mission and statu-14
tory authority o!
f the agency; 15
(C) the electronic reading rooms of the 16
agency relating to the disclosure of information 17
under section 552 of title 5, United States Code 18
(commonly referred to as the Freedom of Infor-19
mation Act); 20
(D) agency regulations, rules, and 21
rulemakings; 22
(E) information about the organizational 23
structure of the agency, with an outline linked 24
to the agency on-line staff directory; and 25
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(F) the strategic plan of the agency devel-1
oped under section 306 of title 5, United States 2
Code; and 3
(2) minimum agency goals to assist public users 4
to navigate agency websites, includingÐ 5
(A) speed of retrieval of search results; 6
(B) the relevance of the results; and 7
(C) tools to aggreg!
ate and disaggregate 8
data. 9
SEC. 218. PRIVACY PROVISIONS. 10
(a) DEFINITIONS.Ð In this section, the termÐ 11
(1) '' agency'' has the meaning given under sec-12
tion 551( 1) of title 5, United States Code; 13
(2) '' information system'' means a discrete set 14
of information resources organized for the collection, 15
processing, maintenance, transmission, and dissemi-16
nation of information, in accordance with defined 17
procedures thatÐ 18
(A) electronically collects or maintains per-19
sonally identifiable information on 10 or more 20
individuals; or 21
(B) makes personally identifiable informa-22
tion available to the public; and 23
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(3) '' personally identifiable information'' means 1
individually identifiable!
information about an indi-2
vidual, includingÐ 3
(A) a first and last name; 4
(B) a home or other physical address in-5
cluding street name and name of a city or town; 6
(C) an e-mail address; 7
(D) a telephone number; 8
(E) a social security number; 9
(F) a credit card number; 10
(G) a birth date, birth certificate number, 11
or a place of birth; and 12
(H) any other identifier that the Federal 13
Chief Information Officer determines permits 14
the identification or physical or online con-15
tacting of a specific individual. 16
(b) PRIVACY IMPACT ASSESSMENTS.Ð 17
(1) RESPONSIBILITIES OF AGENCIES.Ð 18
(A) IN GENERAL.Ð Before developing or 19
procuring an information system, or initiating a 20
new collection of personally identifiable infor-21
mation that will be collected, processed, main-22
tained, or disseminated electronically, an agency 23
shallÐ 24
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(i) conduct a privacy impact assess-1
ment; 2
(ii) submit the assessment to the Fed-3
eral Chief Information Officer; and 4
(iii) after completion of any review 5
conducted by the Federal Chief Informa-6
tion Officer, where practicableÐ 7
(I) publish the assessment in the 8
Federal Register; or 9
(II) disseminate the assessment 10
electronically. 11
(B) SENSITIVE INFORMATION.Ð Subpara-12
graph (A)( iii) may be modified or waived to 13
protect classified, sensitive, or private informa-14
tion contained in an assessment. 15
(2) CONTENTS OF A PRIVACY IMPACT ASSESS-16
MENT.Ð A privacy impact assessment shall includeÐ 17
(A) a description ofÐ 18
(i) the information to be collected; 19
(ii) the purpose for the collection of!
20
the information and the reason each item 21
of information is necessary and relevant; 22
(iii)( I) any notice that will be provided 23
to persons from whom information is col-24
lected; and 25
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(II) any choice that an individual who 1
is the subject of the collection of informa-2
tion shall have to decline to provide infor-3
mation; 4
(iv) the intended uses of the informa-5
tion and proposed limits on other uses of 6
the information; 7
(v) the intended recipients or users of 8
the information and any limitations on ac-9
cess to or reuse or redisclosure of the in-10
formation; 11
(vi) the period for which the informa-12
tion will be retained; 13
(vii) whether and by what means the 14
individual who is the !
subject of the collec-15
tion of informationÐ 16
(I) shall have access to the infor-17
mation about that individual; or 18
(II) may exercise other rights 19
under section 552a of title 5, United 20
States Code; and 21
(viii) security measures that will pro-22
tect the information; 23
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(B) an assessment of the potential impact 1
on privacy relating to risks and mitigation of 2
risks; and 3
(C) other information and analysis re-4
quired under guidance issued by the Federal 5
Chief Information Officer. 6
(3) RESPONSIBILITIES OF THE FEDERAL CHIEF 7
INFORMATION OFFICER.Ð The Federal Chief Infor-8
mation Officer shallÐ 9
(A)( i) develop policies and guidelines for 10
agencies on the conduct of privacy impact as-11 sessments; and 12
(ii) oversee the implementation of the pri-13
vacy impact assessment process throughout the 14
Government; 15
(B) require agencies to conduct privacy im-16
pact assessments inÐ 17
(i) developing or procuring an infor-18
mation system; or 19
(ii) planning for the initiation of a 20
new collection of personally identifiable in-21
formation; 22
(C) require agencies to conduct privacy im-23
pact assessments of existing information sys-24
tems or ongoing collections of personally identi-25
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fiable information as the Federal Chief Infor-1
mation Officer determines appropriate; 2
(D) assist agencies in developing privacy 3
impact assessment policies; and 4
(E) encourage officers and employees of an 5
agency to consult with privacy officers of that 6
agency in completing privacy impact assess-7
ments. 8
(c) PRIVACY PROTECTIONS ON AGENCY 9
WEBSITES.Ð 10
(1) PRIVACY POLICIES ON WEBSITES.Ð 11
(A) GUIDELINES FOR NOTICES.Ð The Fed-12
eral Chief Information Officer shall develop 13
guidelines for privacy notices on agency 14
websites. 15
(B) CONTENTS.Ð The guidelines shall re-16
quire that a privacy notice include a description 17
ofÐ 18
(i) information collected about visitors 19
to the agency's website; 20
(ii) the intended uses of the informa-21
tion collected; 22
(iii) the choices that an individual 23
may have in controlling collection or disclo-24
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sure of information relating to that indi-1
vidual; 2 (iv) the means by which an individual 3
may be able toÐ 4
(I) access personally identifiable 5
information relating to that individual 6
that is held by the agency; and 7
(II) correct any inaccuracy in 8
that information; 9
(v) security procedures to protect in-10
formation collected online; 11
(vi) the period for which information 12
will be retained; and 13
(vii) the rights of an individual under 14
statutes and regulations relating to the 15
protection of individual privacy, including 16
section 552a of title 5, United States Code 17
(commonly referred to as the Privacy Act 18
of 1974) and section 552 of that title 19
(commonly referred to as the Freedom of 20
Information Act). 21
(2) PRIVACY POLICIES IN MACHINE-READABLE 22
FORMATS.Ð 23
(A) IN GENERAL.Ð The Federal Chief In-24
formation Officer shall promulgate guidelines 25
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and standards requiring agencies to translate 1
privacy policies into a standardized machine-2
readable format. 3
(B) WAIVER OR MODIFICATION.Ð The Fed-4
eral Chief Information Officer may waive or 5
modify the application of subparagraph (A), if 6
the Federal Chief Information Officer deter-7
mines thatÐ 8
(i) such application is impracticable; 9
or 10
(ii) a more practicable alternative 11
shall be implemented. 12
(C) NOTIFICATION.Ð Not later than 30 13
days after granting a waiver or modification 14
under subparagraph (B), the Federal Chief In-15
formation Officer shall notify the Committee on 16
Governmental Affairs of the Senate and the 17
Committee on Government Reform of the 18
House of Representatives of the reasons for the 19
waiver or m!
odification. 20
SEC. 219. ACCESSIBILITY TO PEOPLE WITH DISABILITIES. 21
All actions taken by Federal departments and agen-22
cies under this Act shall be in compliance with section 508 23
of the Rehabilitation Act of 1973 (29 U. S. C. 794d). 24
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SEC. 220. NOTIFICATION OF OBSOLETE OR COUNTER-1
PRODUCTIVE PROVISIONS. 2
If the Federal Chief Information Officer makes a de-3
termination that any provision of this Act (including any 4
amendment made by this Act) is obsolete or counter-5
productive to the purposes of this Act, as a result of 6
changes in technology or any other reason, the Federal 7
Chief Information Officer shall submit notification of that 8
determination toÐ 9
(1) the Committee on Governmental Affairs of !
10
the Senate; and 11
(2) the Committee on Government Reform of 12
the House of Representatives. 13
TITLE IIIÐ AUTHORIZATION OF 14
APPROPRIATIONS AND EF-15
FECTIVE DATE 16
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 17
Except for those purposes for which an authorization 18
of appropriations is specifically provided in this Act, in-19
cluding the amendments made by this Act, there are au-20
thorized to be appropriated such sums as may be nec-21
essary to carry out this Act for each of fiscal years 2002 22
through 2006. 23
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SEC. 302. EFFECTIVE DATE. 1
This Act and the amendments made by this Act shall 2
take effect 120 days after the date of enactment of this 3
Act. 4
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