“TEXT OF AMENDMENTS” published by the Congressional Record on June 27, 2002

Volume 148, No. 88 covering the 2nd Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S6265-S6274 on June 27, 2002.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 4166. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 2514, to authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table, as follows:

Strike the matter proposed to be inserted and insert the following:

(a) Fiscal Year 2003.--The Armed Forces are authorized strengths for active duty personnel as of September 30, 2003, as follows:

(1) The Army, 480,000.

(2) The Navy, 375,700.

(3) The Marine Corps, 175,000.

(4) The Air Force, 359,000.

(b) Authority To Exceed.--Upon a determination of the Secretary of Defense that it is necessary in the national security interests of the United States, the active duty personnel strengths of the Armed Forces may exceed the authorized strengths provided under paragraphs (1), (2), and

(4) of subsection (a) as follows:

(1) For the Army, by not more than 5,000.

(2) For the Navy, by not more than 3,500.

(3) For the Air Force, by not more than 3,500.

____

SA 4167. Mr. HOLLINGS submitted an amendment intended to be proposed by him to the bill S. 2514, to authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table, as follows:

At the end of subtitle D of title X, add the following:

SEC. 1046. SENSE OF CONGRESS ON ENHANCEMENT OF NATIONAL

SECURITY COUNCIL.

(a) Findings.--Congress makes the following findings:

(1) The President received no specific information or warning of the terrorist attacks on September 11, 2001.

(2) Every effort should be taken immediately to prevent a similar failure of intelligence in the future.

(3) In light of the terrorist attacks on September 11, 2001, it is clear that the United States should have a domestic intelligence service as well as a foreign intelligence service.

(4) The Federal Bureau of Investigation moved immediately after September 11, 2001, to organize a domestic intelligence service and coordinate and communicate with the Central Intelligence Agency.

(5) The National Security Council is responsible for providing both domestic and foreign intelligence for the President.

(6) The National Security Council is comprised of the Vice President, the Secretary of State, and the Secretary of Defense, and the National Security Council focuses on international threats and foreign policy.

(7) The National Security Council either failed to receive, or failed to analyze in a timely manner, intelligence that could have facilitated the interdiction of the terrorist attacks on September 11, 2001.

(8) The National Security Council must give equal treatment to homeland security, requiring a flow of timely reports not only from the Central Intelligence Agency and the Defense Intelligence Agency, but also from the Federal Bureau of Investigation, the Customs Services, the Coast Guard, the Border Patrol, the Immigration and Naturalization Service, and other departments and agencies of the Federal Government, as well as domestic law enforcement agencies.

(9) The reorganization and strengthening of the National Security Council should occur immediately and cannot and should not await the establishment of a Department of Homeland Security.

(b) Sense of Congress.--It is the sense of Congress that the President should issue immediately an Executive Order enhancing the National Security Council in order to provide for the more timely delivery of intelligence to, and analysis of intelligence for, the President.

____

SA 4168. Mr. HOLLINGS submitted an amendment intended to be proposed by him to the Bill S. 2514, to authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE --HOMELAND SECURITY INFORMATION SHARING

SEC. 1. SHORT TITLE.

This Act may be cited as the ``Homeland Security Information Sharing Act''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

(a) Findings.--The Congress finds the following:

(1) The President received no specific information or warning of the terrorist attacks on September 11, 2001.

(2) Every effort should be taken immediately to prevent a similar failure of intelligence in the future.

(3) In light of the terrorist attacks on September 11, 2001, it is clear that the United States should have a domestic intelligence service as well as a foreign intelligence service.

(4) The Federal Bureau of Investigation moved immediately after September 11, 2001, to organize a domestic intelligence service an coordinate and communicate with the Central Intelligence Agency.

(5) The National Security Council is responsible for providing both domestic and foreign intelligence for the President.

(b) Sense of Congress.--It is the sense of Congress that Federal State, and local entities should share homeland security information to the maximum extent practicable, with special emphasis on hard-to-reach urban and rural communities.

____

SA 4169. Mr. WARNER proposed an amendment to the bill S. 2514, to authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal yer for the Armed Forces, and for other purposes; as follows:

On page 130, between lines 6 and 7, insert the following:

SEC. 604. TEMPORARY AUTHORITY FOR HIGHER RATES OF PARTIAL

BASIC ALLOWANCE FOR HOUSING FOR CERTAIN MEMBERS

ASSIGNED TO HOUSING UNDER ALTERNATIVE AUTHORITY

FOR ACQUISITION AND IMPROVEMENT OF MILITARY

HOUSING.

(a) Authority.--The Secretary of Defense may prescribe and, under section 403(n) of title 37, United States Code, pay for members of the Armed Forces (without dependents) in privatized housing higher rates of partial basic allowance for housing than those that are authorized under paragraph

(2) of such section 403(n).

(b) Members in Privatized Housing.--For the purposes of this section, a member of the Armed Forces (without dependents) is a member of the Armed Forces (without dependents) in privatized housing while the member is assigned to housing that is acquired or constructed under the authority of subchapter IV of chapter 169 of title 10, United States Code.

(c) Treatment of Housing as Government Quarters.--For purposes of section 403 of title 37, United States Code, a member of the Armed Forces (without dependents) in privatized housing shall be treated as residing in quarters of the United States or a housing facility under the jurisdiction of the Secretary of a military department while a higher rate of partial allowance for housing is paid for the member under this section.

(d) Payment to Private Source.--The partial basic allowance for housing paid for a member at a higher rate under this section may be paid directly to the private sector source of the housing to whom the member is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge.

(e) Termination of Authority.--Rates prescribed under subsection (a) may not be paid under the authority of this section in connection with contracts that are entered into after December 31, 2007, for the construction or acquisition of housing under the authority of subchapter IV of chapter 169 of title 10, United States Code.

____

SA 4170. Mr. WARNER proposed an amendment to the bill S. 2514, to authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows:

At the end of subtitle A of title III, add the following:

SEC. 305. DISPOSAL OF OBSOLETE VESSELS OF THE NATIONAL

DEFENSE RESERVE FLEET.

Of the amount authorized to be appropriated by section 301(a)(2) for operation and maintenance for the Navy,

$20,000,000 may be available, without fiscal year limitation if so provided in appropriations Acts, for expenses related to the disposal of obsolete vessels in the Maritime Administration National Defense Reserve Fleet.

____

SA 4171. Mr. McCAIN (for himself and Mr. Kyl) submitted an amendment intended to be proposed to amendment SA 4060 proposed by Mr. Wyden (for himself and Mr. Smith of Oregon) to the bill (S. 2514) to authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

On page 3, strike lines 1 through 5, and insert the following:

(e) Offset.--The amount authorized to be appropriated by section 2601(1)(A), and, within that amount, the amount that is available for a military construction project for a Reserve Center in Lane County, Oregon, are hereby reduced by

$4,800,000.

____

SA 4172. Mr. REID (for Mr. Lieberman (for himself and Mr. Thompson)) proposed an amendment to the bill S. 803, to enhance the management and promotion of electronic Government services and processes by establishing an Office of Electronic Government within the Office of Management and Budget, and by establishing a broad framework of measures that require using internet-based information technology to enhance citizen access to Government information and services, and for other purposes; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``E-Government Act of 2002''.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

TITLE I--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES

Sec. 101. Management and promotion of electronic Government services.

Sec. 102. Conforming amendments.

TITLE II--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT

SERVICES

Sec. 201. Definitions.

Sec. 202. Federal agency responsibilities.

Sec. 203. Compatibility of Executive agency methods for use and acceptance of electronic signatures.

Sec. 204. Federal Internet portal.

Sec. 205. Federal courts.

Sec. 206. Regulatory agencies.

Sec. 207. Accessibility, usability, and preservation of Government information.

Sec. 208. Privacy provisions.

Sec. 209. Federal Information Technology workforce development.

Sec. 210. Common protocols for geographic information systems.

Sec. 211. Share-in-savings program improvements.

Sec. 212. Integrated reporting study and pilot projects.

Sec. 213. Community technology centers.

Sec. 214. Enhancing crisis management through advanced information technology.

Sec. 215. Disparities in access to the Internet.

Sec. 216. Notification of obsolete or counterproductive provisions.

TITLE III--GOVERNMENT INFORMATION SECURITY

Sec. 301. Information security.

TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

Sec. 401. Authorization of appropriations.

Sec. 402. Effective dates.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:

(1) The use of computers and the Internet is rapidly transforming societal interactions and the relationships among citizens, private businesses, and the Government.

(2) The Federal Government has had uneven success in applying advances in information technology to enhance governmental functions and services, achieve more efficient performance, increase access to Government information, and increase citizen participation in Government.

(3) Most Internet-based services of the Federal Government are developed and presented separately, according to the jurisdictional boundaries of an individual department or agency, rather than being integrated cooperatively according to function or topic.

(4) Internet-based Government services involving interagency cooperation are especially difficult to develop and promote, in part because of a lack of sufficient funding mechanisms to support such interagency cooperation.

(5) Electronic Government has its impact through improved Government performance and outcomes within and across agencies.

(6) Electronic Government is a critical element in the management of Government, to be implemented as part of a management framework that also addresses finance, procurement, human capital, and other challenges to improve the performance of Government.

(7) To take full advantage of the improved Government performance that can be achieved through the use of Internet-based technology requires strong leadership, better organization, improved interagency collaboration, and more focused oversight of agency compliance with statutes related to information resource management.

(b) Purposes.--The purposes of this Act are the following:

(1) To provide effective leadership of Federal Government efforts to develop and promote electronic Government services and processes by establishing an Administrator of a new Office of Electronic Government within the Office of Management and Budget.

(2) To promote use of the Internet and other information technologies to provide increased opportunities for citizen participation in Government.

(3) To promote interagency collaboration in providing electronic Government services, where this collaboration would improve the service to citizens by integrating related functions, and in the use of internal electronic Government processes, where this collaboration would improve the efficiency and effectiveness of the processes.

(4) To improve the ability of the Government to achieve agency missions and program performance goals.

(5) To promote the use of the Internet and emerging technologies within and across Government agencies to provide citizen-centric Government information and services.

(6) To reduce costs and burdens for businesses and other Government entities.

(7) To promote better informed decisionmaking by policy makers.

(8) To promote access to high quality Government information and services across multiple channels.

(9) To make the Federal Government more transparent and accountable.

(10) To transform agency operations by utilizing, where appropriate, best practices from public and private sector organizations.

(11) To provide enhanced access to Government information and services in a manner consistent with laws regarding protection of personal privacy, national security, records retention, access for persons with disabilities, and other relevant laws.

TITLE I--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES

SEC. 101. MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT

SERVICES.

(a) In General.--Title 44, United States Code, is amended by inserting after chapter 35 the following:

``CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT

SERVICES

``Sec.

``3601. Definitions.

``3602. Office of Electronic Government.

``3603. Chief Information Officers Council.

``3604. E-Government Fund.

``3605. E-Government report.

``Sec. 3601. Definitions

``In this chapter, the definitions under section 3502 shall apply, and the term--

``(1) `Administrator' means the Administrator of the Office of Electronic Government established under section 3602;

``(2) `Council' means the Chief Information Officers Council established under section 3603;

``(3) `electronic Government' means the use by the Government of web-based Internet applications and other information technologies, combined with processes that implement these technologies, to--

``(A) enhance the access to and delivery of Government information and services to the public, other agencies, and other Government entities; or

``(B) bring about improvements in Government operations that may include effectiveness, efficiency, service quality, or transformation;

``(4) `enterprise architecture'--

``(A) means--

``(i) a strategic information asset base, which defines the mission;

``(ii) the information necessary to perform the mission;

``(iii) the technologies necessary to perform the mission; and

``(iv) the transitional processes for implementing new technologies in response to changing mission needs; and

``(B) includes--

``(i) a baseline architecture;

``(ii) a target architecture; and

``(iii) a sequencing plan;

``(5) `Fund' means the E-Government Fund established under section 3604;

``(6) `interoperability' means the ability of different operating and software systems, applications, and services to communicate and exchange data in an accurate, effective, and consistent manner;

``(7) `integrated service delivery' means the provision of Internet-based Federal Government information or services integrated according to function or topic rather than separated according to the boundaries of agency jurisdiction; and

``(8) `tribal government' means the governing body of any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

``Sec. 3602. Office of Electronic Government

``(a) There is established in the Office of Management and Budget an Office of Electronic Government.

``(b) There shall be at the head of the Office an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate.

``(c) The Administrator shall assist the Director in carrying out--

``(1) all functions under this chapter;

``(2) all of the functions assigned to the Director under title II of the E-Government Act of 2002; and

``(3) other electronic government initiatives, consistent with other statutes.

``(d) The Administrator shall assist the Director and the Deputy Director for Management and work with the Administrator of the Office of Information and Regulatory Affairs in setting strategic direction for implementing electronic Government, under relevant statutes, including--

``(1) chapter 35;

``(2) division E of the Clinger-Cohen Act of 1996 (division E of Public Law 104-106; 40 U.S.C. 1401 et seq.);

``(3) section 552a of title 5 (commonly referred to as the Privacy Act);

``(4) the Government Paperwork Elimination Act (44 U.S.C. 3504 note);

``(5) the Government Information Security Reform Act; and

``(6) the Computer Security Act of 1987 (40 U.S.C. 759 note).

``(e) The Administrator shall work with the Administrator of the Office of Information and Regulatory Affairs and with other offices within the Office of Management and Budget to oversee implementation of electronic Government under this chapter, chapter 35, the E-Government Act of 2002, and other relevant statutes, in a manner consistent with law, relating to--

``(1) capital planning and investment control for information technology;

``(2) the development of enterprise architectures;

``(3) information security;

``(4) privacy;

``(5) access to, dissemination of, and preservation of Government information;

``(6) accessibility of information technology for persons with disabilities; and

``(7) other areas of electronic Government.

``(f) Subject to requirements of this chapter, the Administrator shall assist the Director by performing electronic Government functions as follows:

``(1) Advise the Director on the resources required to develop and effectively operate and maintain Federal Government information systems.

``(2) Recommend to the Director changes relating to Governmentwide strategies and priorities for electronic Government.

``(3) Provide overall leadership and direction to the executive branch on electronic Government by working with authorized officials to establish information resources management policies and requirements, and by reviewing performance of each agency in acquiring, using, and managing information resources.

``(4) Promote innovative uses of information technology by agencies, particularly initiatives involving multiagency collaboration, through support of pilot projects, research, experimentation, and the use of innovative technologies.

``(5) Oversee the distribution of funds from, and ensure appropriate administration and coordination of, the E-Government Fund established under section 3604.

``(6) Coordinate with the Administrator of General Services regarding programs undertaken by the General Services Administration to promote electronic government and the efficient use of information technologies by agencies.

``(7) Lead the activities of the Chief Information Officers Council established under section 3603 on behalf of the Deputy Director for Management, who shall chair the council.

``(8) Assist the Director in establishing policies which shall set the framework for information technology standards for the Federal Government under section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), to be developed by the National Institute of Standards and Technology and promulgated by the Secretary of Commerce, taking into account, if appropriate, recommendations of the Chief Information Officers Council, experts, and interested parties from the private and nonprofit sectors and State, local, and tribal governments, and maximizing the use of commercial standards as appropriate, as follows:

``(A) Standards and guidelines for interconnectivity and interoperability as described under section 3504.

``(B) Consistent with the process under section 207(d) of the E-Government Act of 2002, standards and guidelines for categorizing Federal Government electronic information to enable efficient use of technologies, such as through the use of extensible markup language.

``(C) Standards and guidelines for Federal Government computer system efficiency and security.

``(9) Sponsor ongoing dialogue that--

``(A) shall be conducted among Federal, State, local, and tribal government leaders on electronic Government in the executive, legislative, and judicial branches, as well as leaders in the private and nonprofit sectors, to encourage collaboration and enhance understanding of best practices and innovative approaches in acquiring, using, and managing information resources;

``(B) is intended to improve the performance of governments in collaborating on the use of information technology to improve the delivery of Government information and services; and

``(C) may include--

``(i) development of innovative models--

``(I) for electronic Government management and Government information technology contracts; and

``(II) that may be developed through focused discussions or using separately sponsored research;

``(ii) identification of opportunities for public-private collaboration in using Internet-based technology to increase the efficiency of Government-to-business transactions;

``(iii) identification of mechanisms for providing incentives to program managers and other Government employees to develop and implement innovative uses of information technologies; and

``(iv) identification of opportunities for public, private, and intergovernmental collaboration in addressing the disparities in access to the Internet and information technology.

``(10) Sponsor activities to engage the general public in the development and implementation of policies and programs, particularly activities aimed at fulfilling the goal of using the most effective citizen-centered strategies and those activities which engage multiple agencies providing similar or related information and services.

``(11) Oversee the work of the General Services Administration and other agencies in developing the integrated Internet-based system under section 204 of the E-Government Act of 2002.

``(12) Coordinate with the Administrator of the Office of Federal Procurement Policy to ensure effective implementation of electronic procurement initiatives.

``(13) Assist Federal agencies, including the General Services Administration, the Department of Justice, and the United States Access Board in--

``(A) implementing accessibility standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and

``(B) ensuring compliance with those standards through the budget review process and other means.

``(14) Oversee the development of enterprise architectures within and across agencies.

``(15) Assist the Director and the Deputy Director for Management in overseeing agency efforts to ensure that electronic Government activities incorporate adequate, risk-based, and cost-effective security compatible with business processes.

``(16) Administer the Office of Electronic Government established under section 3602.

``(17) Assist the Director in preparing the E-Government report established under section 3605.

``(g) The Director shall ensure that the Office of Management and Budget, including the Office of Electronic Government, the Office of Information and Regulatory Affairs, and other relevant offices, have adequate staff and resources to properly fulfill all functions under the E-Government Act of 2002.

``Sec. 3603. Chief Information Officers Council

``(a) There is established in the executive branch a Chief Information Officers Council.

``(b) The members of the Council shall be as follows:

``(1) The Deputy Director for Management of the Office of Management and Budget, who shall act as chairperson of the Council.

``(2) The Administrator of the Office of Electronic Government.

``(3) The Administrator of the Office of Information and Regulatory Affairs.

``(4) The chief information officer of each agency described under section 901(b) of title 31.

``(5) The chief information officer of the Central Intelligence Agency.

``(6) The chief information officer of the Department of the Army, the Department of the Navy, and the Department of the Air Force, if chief information officers have been designated for such departments under section 3506(a)(2)(B).

``(7) Any other officer or employee of the United States designated by the chairperson.

``(c)(1) The Administrator of the Office of Electronic Government shall lead the activities of the Council on behalf of the Deputy Director for Management.

``(2)(A) The Vice Chairman of the Council shall be selected by the Council from among its members.

``(B) The Vice Chairman shall serve a 1-year term, and may serve multiple terms.

``(3) The Administrator of General Services shall provide administrative and other support for the Council.

``(d) The Council is designated the principal interagency forum for improving agency practices related to the design, acquisition, development, modernization, use, operation, sharing, and performance of Federal Government information resources.

``(e) In performing its duties, the Council shall consult regularly with representatives of State, local, and tribal governments.

``(f) The Council shall perform functions that include the following:

``(1) Develop recommendations for the Director on Government information resources management policies and requirements.

``(2) Share experiences, ideas, best practices, and innovative approaches related to information resources management.

``(3) Assist the Administrator in the identification, development, and coordination of multiagency projects and other innovative initiatives to improve Government performance through the use of information technology.

``(4) Promote the development and use of common performance measures for agency information resources management under this chapter and title II of the E-Government Act of 2002.

``(5) Work as appropriate with the National Institute of Standards and Technology and the Administrator to develop recommendations on information technology standards developed under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) and promulgated under section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), as follows:

``(A) Standards and guidelines for interconnectivity and interoperability as described under section 3504.

``(C) Standards and guidelines for Federal Government computer system efficiency and security.

``(6) Work with the Office of Personnel Management to assess and address the hiring, training, classification, and professional development needs of the Government related to information resources management.

``(7) Work with the Archivist of the United States to assess how the Federal Records Act can be addressed effectively by Federal information resources management activities.

``Sec. 3604. E-Government Fund

``(a)(1) There is established in the Treasury of the United States the E-Government Fund.

``(2) The Fund shall be administered by the Administrator of the General Services Administration to support projects approved by the Director, assisted by the Administrator of the Office of Electronic Government, that enable the Federal Government to expand its ability, through the development and implementation of innovative uses of the Internet or other electronic methods, to conduct activities electronically.

``(3) Projects under this subsection may include efforts to--

``(A) make Federal Government information and services more readily available to members of the public (including individuals, businesses, grantees, and State and local governments);

``(B) make it easier for the public to apply for benefits, receive services, pursue business opportunities, submit information, and otherwise conduct transactions with the Federal Government; and

``(C) enable Federal agencies to take advantage of information technology in sharing information and conducting transactions with each other and with State and local governments.

``(b)(1) The Administrator shall--

``(A) establish procedures for accepting and reviewing proposals for funding;

``(B) consult with interagency councils, including the Chief Information Officers Council, the Chief Financial Officers Council, and other interagency management councils, in establishing procedures and reviewing proposals; and

``(C) assist the Director in coordinating resources that agencies receive from the Fund with other resources available to agencies for similar purposes.

``(2) When reviewing proposals and managing the Fund, the Administrator shall observe and incorporate the following procedures:

``(A) A project requiring substantial involvement or funding from an agency shall be approved by a senior official with agencywide authority on behalf of the head of the agency, who shall report directly to the head of the agency.

``(B) Projects shall adhere to fundamental capital planning and investment control processes.

``(C) Agencies shall identify in their proposals resource commitments from the agencies involved and how these resources would be coordinated with support from the Fund, and include plans for potential continuation of projects after all funds made available from the Fund are expended.

``(D) After considering the recommendations of the interagency councils, the Director, assisted by the Administrator, shall have final authority to determine which of the candidate projects shall be funded from the Fund.

``(E) Agencies shall assess the results of funded projects.

``(c) In determining which proposals to recommend for funding, the Administrator--

``(1) shall consider criteria that include whether a proposal--

``(A) identifies the group to be served, including citizens, businesses, the Federal Government, or other governments;

``(B) indicates what service or information the project will provide that meets needs of groups identified under subparagraph (A);

``(C) ensures proper security and protects privacy;

``(D) is interagency in scope, including projects implemented by a primary or single agency that--

``(i) could confer benefits on multiple agencies; and

``(ii) have the support of other agencies; and

``(E) has performance objectives that tie to agency missions and strategic goals, and interim results that relate to the objectives; and

``(2) may also rank proposals based on criteria that include whether a proposal--

``(A) has Governmentwide application or implications;

``(B) has demonstrated support by the public to be served;

``(C) integrates Federal with State, local, or tribal approaches to service delivery;

``(D) identifies resource commitments from nongovernmental sectors;

``(E) identifies resource commitments from the agencies involved;

``(F) uses web-based technologies to achieve objectives;

``(G) identifies records management and records access strategies;

``(H) supports more effective citizen participation in and interaction with agency activities that further progress toward a more citizen-centered Government;

``(I) directly delivers Government information and services to the public or provides the infrastructure for delivery;

``(J) supports integrated service delivery;

``(K) describes how business processes across agencies will reflect appropriate transformation simultaneous to technology implementation; and

``(L) is new or innovative and does not supplant existing funding streams within agencies.

``(d) The Fund may be used to fund the integrated Internet-based system under section 204 of the E-Government Act of 2002.

``(e) None of the funds provided from the Fund may be transferred to any agency until 15 days after the Administrator of the General Services Administration has submitted to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the appropriate authorizing committees of the Senate and the House of Representatives, a notification and description of how the funds are to be allocated and how the expenditure will further the purposes of this chapter.

``(f)(1) The Director shall report annually to Congress on the operation of the Fund, through the report established under section 3605.

``(2) The report under paragraph (1) shall describe--

``(A) all projects which the Director has approved for funding from the Fund; and

``(B) the results that have been achieved to date for these funded projects.

``(g)(1) There are authorized to be appropriated to the Fund--

``(A) $45,000,000 for fiscal year 2003;

``(B) $50,000,000 for fiscal year 2004;

``(C) $100,000,000 for fiscal year 2005;

``(D) $150,000,000 for fiscal year 2006; and

``(E) such sums as are necessary for fiscal year 2007.

``(2) Funds appropriated under this subsection shall remain available until expended.

``Sec. 3605. E-Government report

``(a) Not later than March 1 of each year, the Director shall submit an E-Government status report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.

``(b) The report under subsection (a) shall contain--

``(1) a summary of the information reported by agencies under section 202(f) of the E-Government Act of 2002;

``(2) the information required to be reported by section 3604(f); and

``(3) a description of compliance by the Federal Government with other goals and provisions of the E-Government Act of 2002.''.

(b) Technical and Conforming Amendment.--The table of chapters for title 44, United States Code, is amended by inserting after the item relating to chapter 35 the following:

``36. Management and Promotion of Electronic Government Serv3601''.....

SEC. 102. CONFORMING AMENDMENTS.

(a) Electronic Government and Information Technologies.--

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

``SEC. 113. ELECTRONIC GOVERNMENT AND INFORMATION

TECHNOLOGIES.

``The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies.''.

(2) Technical and conforming amendment.--The table of sections for the Federal Property and Administrative Services Act of 1949 is amended by inserting after the item relating to section 112 the following:

``Sec. 113. Electronic Government and information technologies.''.

(b) Modification of Deputy Director for Management Functions.--Section 503(b) of title 31, United States Code, is amended--

(1) by redesignating paragraphs (5), (6), (7), (8), and

(9), as paragraphs (6), (7), (8), (9), and (10), respectively; and

(2) by inserting after paragraph (4) the following:

``(5) Chair the Chief Information Officers Council established under section 3603 of title 44.''.

(1) In general.--Chapter 5 of title 31, United States Code, is amended by inserting after section 506 the following:

``Sec. 507. Office of Electronic Government

``The Office of Electronic Government, established under section 3602 of title 44, is an office in the Office of Management and Budget.''.

(2) Technical and conforming amendment.--The table of sections for chapter 5 of title 31, United States Code, is amended by inserting after the item relating to section 506 the following:

``507. Office of Electronic Government.''.

TITLE II--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT

SERVICES

SEC. 201. DEFINITIONS.

Except as otherwise provided, in this title the definitions under sections 3502 and 3601 of title 44, United States Code, shall apply.

SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.

(a) In General.--The head of each agency shall be responsible for--

(1) complying with the requirements of this Act (including the amendments made by this Act), the related information resource management policies and guidance established by the Director of the Office of Management and Budget, and the related information technology standards promulgated by the Secretary of Commerce;

(2) ensuring that the information resource management policies and guidance established under this Act by the Director, and the information technology standards promulgated under this Act by the Secretary of Commerce are communicated promptly and effectively to all relevant officials within their agency; and

(3) supporting the efforts of the Director and the Administrator of the General Services Administration to develop, maintain, and promote an integrated Internet-based system of delivering Federal Government information and services to the public under section 204.

(b) Performance Integration.--

(1) Agencies shall develop performance measures that demonstrate how electronic government enables progress toward agency objectives, strategic goals, and statutory mandates.

(2) In measuring performance under this section, agencies shall rely on existing data collections to the extent practicable.

(3) Areas of performance measurement that agencies should consider include--

(A) customer service;

(B) agency productivity; and

(4) Agencies shall link their performance goals to key groups, including citizens, businesses, and other governments, and to internal Federal Government operations.

(5) As appropriate, agencies shall work collectively in linking their performance goals to groups identified under paragraph (4) and shall use information technology in delivering Government information and services to those groups.

(c) Avoiding Diminished Access.--When promulgating policies and implementing programs regarding the provision of Government information and services over the Internet, agency heads shall consider the impact on persons without access to the Internet, and shall, to the extent practicable--

(1) ensure that the availability of Government information and services has not been diminished for individuals who lack access to the Internet; and

(2) pursue alternate modes of delivery that make Government information and services more accessible to individuals who do not own computers or lack access to the Internet.

(d) Accessibility to People With Disabilities.--All actions taken by Federal departments and agencies under this Act shall be in compliance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).

(e) Sponsored Activities.--Agencies shall sponsor activities that use information technology to engage the public in the development and implementation of policies and programs.

(f) Chief Information Officers.--The Chief Information Officer of each of the agencies designated under chapter 36 of title 44, United States Code (as added by this Act) shall be responsible for--

(1) participating in the functions of the Chief Information Officers Council; and

(2) monitoring the implementation, within their respective agencies, of information technology standards promulgated under this Act by the Secretary of Commerce, including common standards for interconnectivity and interoperability, categorization of Federal Government electronic information, and computer system efficiency and security.

(g) E-Government Status Report.--

(1) In general.--Each agency shall compile and submit to the Director an annual E-Government Status Report on--

(A) the status of the implementation by the agency of electronic government initiatives;

(B) compliance by the agency with this Act; and

(2) Submission.--Each agency shall submit an annual report under this subsection--

(A) to the Director at such time and in such manner as the Director requires;

(B) consistent with related reporting requirements; and

(h) Use of Technology.--Nothing in this Act supersedes the responsibility of an agency to use or manage information technology to deliver Government information and services that fulfill the statutory mission and programs of the agency.

(i) National Security Systems.--

(1) Inapplicability.--Except as provided under paragraph

(2), this title does not apply to national security systems as defined in section 5142 of the Clinger-Cohen Act of 1996

(40 U.S.C. 1452).

(2) Applicability.--Sections 202, 203, 210, and 214 of this title do apply to national security systems to the extent practicable and consistent with law.

SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE

AND ACCEPTANCE OF ELECTRONIC SIGNATURES.

(a) Purpose.--The purpose of this section is to achieve interoperable implementation of electronic signatures for appropriately secure electronic transactions with Government.

(b) Electronic Signatures.--In order to fulfill the objectives of the Government Paperwork Elimination Act

(Public Law 105-277; 112 Stat. 2681-749 through 2681-751), each Executive agency (as defined under section 105 of title 5, United States Code) shall ensure that its methods for use and acceptance of electronic signatures are compatible with the relevant policies and procedures issued by the Director.

(c) Authority for Electronic Signatures.--The Administrator of General Services shall support the Director by establishing a framework to allow efficient interoperability among Executive agencies when using electronic signatures, including processing of digital signatures.

(d) Authorization of Appropriations.--There are authorized to be appropriated to the General Services Administration, to ensure the development and operation of a Federal bridge certification authority for digital signature compatibility, or for other activities consistent with this section,

$8,000,000 in fiscal year 2003, and such sums as are necessary for each fiscal year thereafter.

SEC. 204. FEDERAL INTERNET PORTAL.

(a) In General.--

(1) Public access.--The Director shall work with the Administrator of the General Services Administration and other agencies to maintain and promote an integrated Internet-based system of providing the public with access to Government information and services.

(2) Criteria.--To the extent practicable, the integrated system shall be designed and operated according to the following criteria:

(A) The provision of Internet-based Government information and services directed to key groups, including citizens, business, and other governments, and integrated according to function or topic rather than separated according to the boundaries of agency jurisdiction.

(B) An ongoing effort to ensure that Internet-based Government services relevant to a given citizen activity are available from a single point.

(C) Access to Federal Government information and services consolidated, as appropriate, with Internet-based information and services provided by State, local, and tribal governments.

(D) Access to Federal Government information held by 1 or more agencies shall be made available in a manner that protects privacy, consistent with law.

(b) Authorization of Appropriations.--There are authorized to be appropriated to the General Services Administration

$15,000,000 for the maintenance, improvement, and promotion of the integrated Internet-based system for fiscal year 2003, and such sums as are necessary for fiscal years 2004 through 2007.

SEC. 205. FEDERAL COURTS.

(a) Individual Court Websites.--The Chief Justice of the United States, the chief judge of each circuit and district, and the chief bankruptcy judge of each district shall establish with respect to the Supreme Court or the respective court of appeals, district, or bankruptcy court of a district, a website that contains the following information or links to websites with the following information:

(1) Location and contact information for the courthouse, including the telephone numbers and contact names for the clerk's office and justices' or judges' chambers.

(2) Local rules and standing or general orders of the court.

(3) Individual rules, if in existence, of each justice or judge in that court.

(4) Access to docket information for each case.

(5) Access to the substance of all written opinions issued by the court, regardless of whether such opinions are to be published in the official court reporter, in a text searchable format.

(6) Access to all documents filed with the courthouse in electronic form, described under subsection (c).

(7) Any other information (including forms in a format that can be downloaded) that the court determines useful to the public.

(b) Maintenance of Data Online.--

(1) Update of information.--The information and rules on each website shall be updated regularly and kept reasonably current.

(2) Closed cases.--Electronic files and docket information for cases closed for more than 1 year are not required to be made available online, except all written opinions with a date of issuance after the effective date of this section shall remain available online.

(1) In general.--Except as provided under paragraph (2), each court shall make any document that is filed electronically publicly available online. A court may convert any document that is filed in paper form to electronic form. To the extent such conversions are made, all such electronic versions of the document shall be made available online.

(2) Exceptions.--Documents that are filed that are not otherwise available to the public, such as documents filed under seal, shall not be made available online.

(3) Privacy and security concerns.--The Judicial Conference of the United States may promulgate rules under this subsection to protect important privacy and security concerns.

(d) Dockets With Links to Documents.--The Judicial Conference of the United States shall explore the feasibility of technology to post online dockets with links allowing all filings, decisions, and rulings in each case to be obtained from the docket sheet of that case.

(e) Cost of Providing Electronic Docketing Information.--Section 303(a) of the Judiciary Appropriations Act, 1992 (28 U.S.C. 1913 note) is amended in the first sentence by striking ``shall hereafter'' and inserting ``may, only to the extent necessary,''.

(f) Time Requirements.--Not later than 2 years after the effective date of this title, the websites under subsection

(a) shall be established, except that access to documents filed in electronic form shall be established not later than 4 years after that effective date.

(g) Deferral.--

(1) In general.--

(A) Election.--

(i) Notification.--The Chief Justice of the United States, a chief judge, or chief bankruptcy judge may submit a notification to the Administrative Office of the United States Courts to defer compliance with any requirement of this section with respect to the Supreme Court, a court of appeals, district, or the bankruptcy court of a district.

(ii) Contents.--A notification submitted under this subparagraph shall state--

(I) the reasons for the deferral; and

(II) the online methods, if any, or any alternative methods, such court or district is using to provide greater public access to information.

(B) Exception.--To the extent that the Supreme Court, a court of appeals, district, or bankruptcy court of a district maintains a website under subsection (a), the Supreme Court or that court of appeals or district shall comply with subsection (b)(1).

(2) Report.--Not later than 1 year after the effective date of this title, and every year thereafter, the Judicial Conference of the United States shall submit a report to the Committees on Governmental Affairs and the Judiciary of the Senate and the Committees on Government Reform and the Judiciary of the House of Representatives that--

(A) contains all notifications submitted to the Administrative Office of the United States Courts under this subsection; and

(B) summarizes and evaluates all notifications.

SEC. 206. REGULATORY AGENCIES.

(a) Purposes.--The purposes of this section are to--

(1) improve performance in the development and issuance of agency regulations by using information technology to increase access, accountability, and transparency; and

(2) enhance public participation in Government by electronic means, consistent with requirements under subchapter II of chapter 5 of title 5, United States Code,

(commonly referred to as the Administrative Procedures Act).

(b) Information Provided by Agencies Online.--To the extent practicable as determined by the agency in consultation with the Director, each agency (as defined under section 551 of title 5, United States Code) shall ensure that a publicly accessible Federal Government website includes all information about that agency required to be published in the Federal Register under section 552(a)(1) of title 5, United States Code.

(c) Submissions by Electronic Means.--To the extent practicable, agencies shall accept submissions under section 553(c) of title 5, United States Code, by electronic means.

(d) Electronic Docketing.--

(1) In general.--To the extent practicable, as determined by the agency in consultation with the Director, agencies shall ensure that a publicly accessible Federal Government website contains electronic dockets for rulemakings under section 553 of title 5, United States Code.

(2) Information available.--Agency electronic dockets shall make publicly available online to the extent practicable, as determined by the agency in consultation with the Director--

(A) all submissions under section 553(c) of title 5, United States Code; and

(B) other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically.

(e) Time Limitation.--Agencies shall implement the requirements of this section consistent with a timetable established by the Director and reported to Congress in the first annual report under section 3605 of title 44 (as added by this Act).

SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF

GOVERNMENT INFORMATION.

(a) Purpose.--The purpose of this section is to improve the methods by which Government information, including information on the Internet, is organized, preserved, and made accessible to the public.

(b) Definitions.--In this section, the term--

(1) ``Committee'' means the Interagency Committee on Government Information established under subsection (c); and

(2) ``directory'' means a taxonomy of subjects linked to websites that--

(A) organizes Government information on the Internet according to subject matter; and

(B) may be created with the participation of human editors.

(1) Establishment.--Not later than 90 days after the date of enactment of this title, the Director shall establish the Interagency Committee on Government Information.

(2) Membership.--The Committee shall be chaired by the Director or the designee of the Director and--

(A) shall include representatives from--

(i) the National Archives and Records Administration;

(ii) the offices of the Chief Information Officers from Federal agencies; and

(iii) other relevant officers from the executive branch; and

(B) may include representatives from the Federal legislative and judicial branches.

(3) Functions.--The Committee shall--

(A) engage in public consultation to the maximum extent feasible, including consultation with interested communities such as public advocacy organizations;

(B) conduct studies and submit recommendations, as provided under this section, to the Director and Congress; and

(4) Termination.--The Committee may be terminated on a date determined by the Director, except the Committee may not terminate before the Committee submits all recommendations required under this section.

(d) Categorizing of Information.--

(1) Committee functions.--Not later than 1 year after the date of enactment of this Act, the Committee shall submit recommendations to the Director on--

(A) the adoption of standards, which are open to the maximum extent feasible, to enable the organization and categorization of Government information--

(i) in a way that is searchable electronically, including by searchable identifiers; and

(ii) in ways that are interoperable across agencies;

(B) the definition of categories of Government information which should be classified under the standards; and

(2) Functions of the director.--Not later than 180 days after the submission of recommendations under paragraph (1), the Director shall issue policies--

(A) requiring that agencies use standards, which are open to the maximum extent feasible, to enable the organization and categorization of Government information--

(i) in a way that is searchable electronically, including by searchable identifiers;

(ii) in ways that are interoperable across agencies; and

(iii) that are, as appropriate, consistent with the standards promulgated by the Secretary of Commerce under section 3602(f)(8) of title 44, United States Code;

(B) defining categories of Government information which shall be required to be classified under the standards; and

(3) Modification of policies.--After the submission of agency reports under paragraph (4), the Director shall modify the policies, as needed, in consultation with the Committee and interested parties.

(4) Agency functions.--Each agency shall report annually to the Director, in the report established under section 202(g), on compliance of that agency with the policies issued under paragraph (2)(A).

(e) Public Access to Electronic Information.--

(1) Committee functions.--Not later than 1 year after the date of enactment of this Act, the Committee shall submit recommendations to the Director and the Archivist of the United States on--

(A) the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic records; and

(B) the imposition of timetables for the implementation of the policies and procedures by agencies.

(2) Functions of the archivist.--Not later than 180 days after the submission of recommendations by the Committee under paragraph (1), the Archivist of the United States shall issue policies--

(A) requiring the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic records; and

(B) imposing timetables for the implementation of the policies, procedures, and technologies by agencies.

(3) Modification of policies.--After the submission of agency reports under paragraph (4), the Archivist of the United States shall modify the policies, as needed, in consultation with the Committee and interested parties.

(4) Agency functions.--Each agency shall report annually to the Director, in the report established under section 202(g), on compliance of that agency with the policies issued under paragraph (2)(A).

(f) Availability of Government Information on the Internet.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, each agency shall--

(A) consult with the Committee and solicit public comment;

(B) determine which Government information the agency intends to make available and accessible to the public on the Internet and by other means;

(D) make such final determinations, priorities, and schedules available for public comment;

(E) post such final determinations, priorities, and schedules on the Internet; and

(F) submit such final determinations, priorities, and schedules to the Director, in the report established under section 202(g).

(2) Update.--Each agency shall update determinations, priorities, and schedules of the agency, as needed, after consulting with the Committee and soliciting public comment, if appropriate.

(g) Access to Federally Funded Research and Development.--

(1) Development and maintenance of governmentwide repository and website.--

(A) Repository and website.--The Director of the National Science Foundation, working with the Director of the Office of Science and Technology Policy and other relevant agencies, shall ensure the development and maintenance of--

(i) a repository that fully integrates, to the maximum extent feasible, information about research and development funded by the Federal Government, and the repository shall--

(I) include information about research and development funded by the Federal Government and performed by--

(aa) institutions not a part of the Federal Government, including State, local, and foreign governments; industrial firms; educational institutions; not-for-profit organizations; federally funded research and development center; and private individuals; and

(bb) entities of the Federal Government, including research and development laboratories, centers, and offices; and

(II) integrate information about each separate research and development task or award, including--

(aa) the dates upon which the task or award is expected to start and end;

(bb) a brief summary describing the objective and the scientific and technical focus of the task or award;

(cc) the entity or institution performing the task or award and its contact information;

(dd) the total amount of Federal funds expected to be provided to the task or award over its lifetime and the amount of funds expected to be provided in each fiscal year in which the work of the task or award is ongoing;

(ee) any restrictions attached to the task or award that would prevent the sharing with the general public of any or all of the information required by this subsection, and the reasons for such restrictions; and

(ff) such other information as may be determined to be appropriate; and

(ii) 1 or more websites upon which all or part of the repository of Federal research and development shall be made available to and searchable by Federal agencies and non-Federal entities, including the general public, to facilitate--

(I) the coordination of Federal research and development activities;

(II) collaboration among those conducting Federal research and development;

(III) the transfer of technology among Federal agencies and between Federal agencies and non-Federal entities; and

(IV) access by policymakers and the public to information concerning Federal research and development activities.

(B) Oversight.--The Director of the Office of Management and Budget shall issue any guidance determined necessary to ensure that agencies provide all information requested under this subsection.

(2) Agency functions.--Any agency that funds Federal research and development under this subsection shall provide the information required to populate the repository in the manner prescribed by the Director of the Office of Management and Budget.

(3) Committee functions.--Not later than 18 months after the date of enactment of this Act, working with the Director of the Office of Science and Technology Policy, and after consultation with interested parties, the Committee shall submit recommendations to the Director on--

(A) policies to improve agency reporting of information for the repository established under this subsection; and

(B) policies to improve dissemination of the results of research performed by Federal agencies and federally funded research and development centers.

(4) Functions of the director.--After submission of recommendations by the Committee under paragraph (3), the Director shall report on the recommendations of the Committee and Director to Congress, in the E-Government report under section 3605 of title 44 (as added by this Act).

(5) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation for the development, maintenance, and operation of the Governmentwide repository and website under this subsection--

(A) $2,000,000 in each of the fiscal years 2003 through 2005; and

(B) such sums as are necessary in each of the fiscal years 2006 and 2007.

(h) Public Domain Directory of Public Federal Government Websites.--

(1) Establishment.--Not later than 2 years after the effective date of this title, the Director and each agency shall--

(A) develop and establish a public domain directory of public Federal Government websites; and

(B) post the directory on the Internet with a link to the integrated Internet-based system established under section 204.

(2) Development.--With the assistance of each agency, the Director shall--

(A) direct the development of the directory through a collaborative effort, including input from--

(i) agency librarians;

(ii) information technology managers;

(iii) program managers;

(iv) records managers;

(v) Federal depository librarians; and

(vi) other interested parties; and

(B) develop a public domain taxonomy of subjects used to review and categorize public Federal Government websites.

(3) Update.--With the assistance of each agency, the Administrator of the Office of Electronic Government shall--

(A) update the directory as necessary, but not less than every 6 months; and

(B) solicit interested persons for improvements to the directory.

(i) Standards for Agency Websites.--Not later than 18 months after the effective date of this title, the Director shall promulgate guidance for agency websites that include--

(1) requirements that websites include direct links to--

(A) descriptions of the mission and statutory authority of the agency;

(B) the electronic reading rooms of the agency relating to the disclosure of information under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act);

(D) the strategic plan of the agency developed under section 306 of title 5, United States Code; and

(2) minimum agency goals to assist public users to navigate agency websites, including--

(A) speed of retrieval of search results;

(B) the relevance of the results;

(D) security protocols to protect information.

SEC. 208. PRIVACY PROVISIONS.

(a) Purpose.--The purpose of this section is to ensure sufficient protections for the privacy of personal information as agencies implement citizen-centered electronic Government.

(b) Privacy Impact Assessments.--

(1) Responsibilities of agencies.--

(A) In general.--An agency shall take actions described under subparagraph (B) before--

(i) developing or procuring information technology that collects, maintains, or disseminates information that includes any identifier permitting the physical or online contacting of a specific individual; or

(ii) initiating a new collection of information that--

(I) will be collected, maintained, or disseminated using information technology; and

(II) includes any identifier permitting the physical or online contacting of a specific individual, if the information concerns 10 or more persons.

(B) Agency activities.--To the extent required under subparagraph (A), each agency shall--

(i) conduct a privacy impact assessment;

(ii) ensure the review of the privacy impact assessment by the Chief Information Officer, or equivalent official, as determined by the head of the agency; and

(iii) if practicable, after completion of the review under clause (ii), make the privacy impact assessment publicly available through the website of the agency, publication in the Federal Register, or other means.

(C) Sensitive information.--Subparagraph (B)(iii) may be modified or waived for security reasons, or to protect classified, sensitive, or private information contained in an assessment.

(D) Copy to director.--Agencies shall provide the Director with a copy of the privacy impact assessment for each system for which funding is requested.

(2) Contents of a privacy impact assessment.--

(A) In general.--The Director shall issue guidance to agencies specifying the required contents of a privacy impact assessment.

(B) Guidance.--The guidance shall--

(i) ensure that a privacy impact assessment is commensurate with the size of the information system being assessed, the sensitivity of personally identifiable information in that system, and the risk of harm from unauthorized release of that information; and

(ii) require that a privacy impact assessment address--

(I) what information is to be collected;

(II) why the information is being collected;

(III) the intended use of the agency of the information;

(IV) with whom the information will be shared;

(V) what notice or opportunities for consent would be provided to individuals regarding what information is collected and how that information is shared;

(VI) how the information will be secured; and

(VII) whether a system of records is being created under section 552a of title 5, United States Code, (commonly referred to as the Privacy Act).

(3) Responsibilities of the director.--The Director shall--

(A) develop policies and guidelines for agencies on the conduct of privacy impact assessments;

(B) oversee the implementation of the privacy impact assessment process throughout the Government; and

(C) require agencies to conduct privacy impact assessments of existing information systems or ongoing collections of personally identifiable information as the Director determines appropriate.

(1) Privacy policies on websites.--

(A) Guidelines for notices.--The Director shall develop guidance for privacy notices on agency websites used by the public.

(B) Contents.--The guidance shall require that a privacy notice address, consistent with section 552a of title 5, United States Code--

(i) what information is to be collected;

(ii) why the information is being collected;

(iii) the intended use of the agency of the information;

(iv) with whom the information will be shared;

(v) what notice or opportunities for consent would be provided to individuals regarding what information is collected and how that information is shared;

(vi) how the information will be secured; and

(vii) the rights of the individual under section 552a of title 5, United States Code (commonly referred to as the Privacy Act), and other laws relevant to the protection of the privacy of an individual.

(2) Privacy policies in machine-readable formats.--The Director shall issue guidance requiring agencies to translate privacy policies into a standardized machine-readable format.

SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE

DEVELOPMENT.

(a) Purpose.--The purpose of this section is to improve the skills of the Federal workforce in using information technology to deliver Government information and services.

(b) In General.--In consultation with the Director, the Chief Information Officers Council, and the Administrator of General Services, the Director of the Office of Personnel Management shall--

(1) analyze, on an ongoing basis, the personnel needs of the Federal Government related to information technology and information resource management;

(2) oversee the development of curricula, training methods, and training priorities that correspond to the projected personnel needs of the Federal Government related to information technology and information resource management; and

(3) assess the training of Federal employees in information technology disciplines, as necessary, in order to ensure that the information resource management needs of the Federal Government are addressed.

(c) Employee Participation.--Subject to information resource management needs and the limitations imposed by resource needs in other occupational areas, and consistent with their overall workforce development strategies, agencies shall encourage employees to participate in occupational information technology training.

(d) Authorization of Appropriations.--There are authorized to be appropriated to the Office of Personnel Management for the implementation of this section, $7,000,000 in fiscal year 2003, and such sums as are necessary for each fiscal year thereafter.

SEC. 210. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION

SYSTEMS.

(a) Purposes.--The purposes of this section are to--

(1) reduce redundant data collection and information; and

(2) promote collaboration and use of standards for government geographic information.

(b) Definition.--In this section, the term ``geographic information'' means information systems that involve locational data, such as maps or other geospatial information resources.

(1) Common protocols.--The Secretary of the Interior, working with the Director and through an interagency group, and working with private sector experts, State, local, and tribal governments, commercial and international standards groups, and other interested parties, shall facilitate the development of common protocols for the development, acquisition, maintenance, distribution, and application of geographic information. If practicable, the Secretary of the Interior shall incorporate intergovernmental and public private geographic information partnerships into efforts under this subsection.

(2) Interagency group.--The interagency group referred to under paragraph (1) shall include representatives of the National Institute of Standards and Technology and other agencies.

(d) Director.--The Director shall oversee--

(1) the interagency initiative to develop common protocols;

(2) the coordination with State, local, and tribal governments, public private partnerships, and other interested persons on effective and efficient ways to align geographic information and develop common protocols; and

(3) the adoption of common standards relating to the protocols.

(e) Common Protocols.--The common protocols shall be designed to--

(1) maximize the degree to which unclassified geographic information from various sources can be made electronically compatible and accessible; and

(2) promote the development of interoperable geographic information systems technologies that shall--

(A) allow widespread, low-cost use and sharing of geographic data by Federal agencies, State, local, and tribal governments, and the public; and

(B) enable the enhancement of services using geographic data.

(f) Authorization of Appropriations.--There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this section, for each of the fiscal years 2003 through 2007.

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

Section 5311 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat. 692; 40 U.S.C. 1491) is amended--

(1) in subsection (a)--

(A) by striking ``the heads of two executive agencies to carry out'' and inserting ``heads of executive agencies to carry out a total of 5 projects under'';

(B) by striking ``and'' at the end of paragraph (1);

(D) by adding at the end the following:

``(3) encouraging the use of the contracting and sharing approach described in paragraphs (1) and (2) by allowing the head of the executive agency conducting a project under the pilot program--

``(A) to retain, until expended, out of the appropriation accounts of the executive agency in which savings computed under paragraph (2) are realized as a result of the project, up to the amount equal to half of the excess of--

``(i) the total amount of the savings; over

``(ii) the total amount of the portion of the savings paid to the private sector source for such project under paragraph

(2); and

``(B) to use the retained amount to acquire additional information technology.'';

(2) in subsection (b)--

(A) by inserting ``a project under'' after ``authorized to carry out''; and

(B) by striking ``carry out one project and''; and

(3) in subsection (c), by inserting before the period ``and the Administrator for the Office of Electronic Government''; and

(4) by inserting after subsection (c) the following:

``(d) Report.--

``(1) In general.--After 5 pilot projects have been completed, but no later than 3 years after the effective date of this subsection, the Director shall submit a report on the results of the projects to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.

``(2) Contents.--The report under paragraph (1) shall include--

``(A) a description of the reduced costs and other measurable benefits of the pilot projects;

``(B) a description of the ability of agencies to determine the baseline costs of a project against which savings would be measured; and

``(C) recommendations of the Director relating to whether Congress should provide general authority to the heads of executive agencies to use a share-in-savings contracting approach to the acquisition of information technology solutions for improving mission-related or administrative processes of the Federal Government.''.

SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.

(a) Purposes.--The purposes of this section are to--

(1) enhance the interoperability of Federal information systems;

(2) assist the public, including the regulated community, in electronically submitting information to agencies under Federal requirements, by reducing the burden of duplicate collection and ensuring the accuracy of submitted information; and

(3) enable any person to integrate and obtain similar information held by 1 or more agencies under 1 or more Federal requirements without violating the privacy rights of an individual.

(b) Definitions.--In this section, the term--

(1) ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code; and

(2) ``person'' means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, interstate body, or agency or component of the Federal Government.

(1) In general.--Not later than 3 years after the date of enactment of this Act, the Director shall oversee a study, in consultation with agencies, the regulated community, public interest organizations, and the public, and submit a report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on progress toward integrating Federal information systems across agencies.

(2) Contents.--The report under this section shall--

(A) address the integration of data elements used in the electronic collection of information within databases established under Federal statute without reducing the quality, accessibility, scope, or utility of the information contained in each database;

(B) address the feasibility of developing, or enabling the development of, software, including Internet-based tools, for use by reporting persons in assembling, documenting, and validating the accuracy of information electronically submitted to agencies under nonvoluntary, statutory, and regulatory requirements;

(C) address the feasibility of developing a distributed information system involving, on a voluntary basis, at least 2 agencies, that--

(i) provides consistent, dependable, and timely public access to the information holdings of 1 or more agencies, or some portion of such holdings, including the underlying raw data, without requiring public users to know which agency holds the information; and

(ii) allows the integration of public information held by the participating agencies;

(D) address the feasibility of incorporating other elements related to the purposes of this section at the discretion of the Director; and

(E) make recommendations that Congress or the executive branch can implement, through the use of integrated reporting and information systems, to reduce the burden on reporting and strengthen public access to databases within and across agencies.

(d) Pilot Projects To Encourage Integrated Collection and Management of Data and Interoperability of Federal Information Systems.--

(1) In general.--In order to provide input to the study under subsection (c), the Director shall designate, in consultation with agencies, a series of no more than 5 pilot projects that integrate data elements. The Director shall consult with agencies, the regulated community, public interest organizations, and the public on the implementation of the pilot projects.

(2) Goals of pilot projects.--

(A) In general.--Each goal described under subparagraph (B) shall be addressed by at least 1 pilot project each.

(B) Goals.--The goals under this paragraph are to--

(i) reduce information collection burdens by eliminating duplicative data elements within 2 or more reporting requirements;

(ii) create interoperability between or among public databases managed by 2 or more agencies using technologies and techniques that facilitate public access; and

(iii) develop, or enable the development of, software to reduce errors in electronically submitted information.

(3) Input.--Each pilot project shall seek input from users on the utility of the pilot project and areas for improvement. To the extent practicable, the Director shall consult with relevant agencies and State, tribal, and local governments in carrying out the report and pilot projects under this section.

(e) Privacy Protections.--The activities authorized under this section shall afford protections for--

(1) confidential business information consistent with section 552(b)(4) of title 5, United States Code, and other relevant law;

(2) personal privacy information under sections 552(b) (6) and (7)(C) and 552a of title 5, United States Code, and other relevant law; and

(3) other information consistent with section 552(b)(3) of title 5, United States Code, and other relevant law.

SEC. 213. COMMUNITY TECHNOLOGY CENTERS.

(a) Purposes.--The purposes of this section are to--

(1) study and enhance the effectiveness of community technology centers, public libraries, and other institutions that provide computer and Internet access to the public; and

(2) promote awareness of the availability of on-line government information and services, to users of community technology centers, public libraries, and other public facilities that provide access to computer technology and Internet access to the public.

(b) Study and Report.--Not later than 2 years after the effective date of this title, the Secretary of Education, in consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce, the Director of the National Science Foundation, and the Director of the Institute of Museum and Library Services, shall--

(1) conduct a study to evaluate the best practices of community technology centers that have received Federal funds; and

(2) submit a report on the study to--

(A) the Committee on Governmental Affairs of the Senate;

(B) the Committee on Health, Education, Labor, and Pensions of the Senate;

(D) the Committee on Education and the Workforce of the House of Representatives.

(1) an evaluation of the best practices being used by successful community technology centers;

(2) a strategy for--

(A) continuing the evaluation of best practices used by community technology centers; and

(B) establishing a network to share information and resources as community technology centers evolve;

(3) the identification of methods to expand the use of best practices to assist community technology centers, public libraries, and other institutions that provide computer and Internet access to the public;

(4) a database of all community technology centers that have received Federal funds, including--

(A) each center's name, location, services provided, director, other points of contact, number of individuals served; and

(B) other relevant information;

(5) an analysis of whether community technology centers have been deployed effectively in urban and rural areas throughout the Nation; and

(6) recommendations of how to--

(A) enhance the development of community technology centers; and

(B) establish a network to share information and resources.

(d) Cooperation.--All agencies that fund community technology centers shall provide to the Department of Education any information and assistance necessary for the completion of the study and the report under this section.

(e) Assistance.--

(1) In general.--The Secretary of the Department of Education shall work with other relevant Federal agencies, and other interested persons in the private and nonprofit sectors to--

(A) assist in the implementation of recommendations; and

(B) identify other ways to assist community technology centers, public libraries, and other institutions that provide computer and Internet access to the public.

(2) Types of assistance.--Assistance under this subsection may include--

(A) contribution of funds;

(B) donations of equipment, and training in the use and maintenance of the equipment; and

(f) Online Tutorial.--

(1) In general.--The Secretary of Education, in consultation with the Director of the Institute of Museum and Library Services, the Director of the National Science Foundation, other relevant agencies, and the public, shall develop an online tutorial that--

(A) explains how to access Government information and services on the Internet; and

(B) provides a guide to available online resources.

(2) Distribution.--The Secretary of Education shall distribute information on the tutorial to community technology centers, public libraries, and other institutions that afford Internet access to the public.

(g) Promotion of Community Technology Centers.--In consultation with other agencies and organizations, the Department of Education shall promote the availability of community technology centers to raise awareness within each community where such a center is located.

(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Education for the study of best practices at community technology centers, for the development and dissemination of the online tutorial, and for the promotion of community technology centers under this section--

(1) $2,000,000 in fiscal year 2003;

(2) $2,000,000 in fiscal year 2004; and

(3) such sums as are necessary in fiscal years 2005 through 2007.

SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED

INFORMATION TECHNOLOGY.

(a) Purpose.--The purpose of this section is to improve how information technology is used in coordinating and facilitating information on disaster preparedness, response, and recovery, while ensuring the availability of such information across multiple access channels.

(b) In General.--

(1) Study on enhancement of crisis response.--Not later than 90 days after the date of enactment of this Act, the Federal Emergency Management Agency shall enter into a contract to conduct a study on using information technology to enhance crisis preparedness, response, and consequence management of natural and manmade disasters.

(2) Contents.--The study under this subsection shall address--

(A) a research and implementation strategy for effective use of information technology in crisis response and consequence management, including the more effective use of technologies, management of information technology research initiatives, and incorporation of research advances into the information and communications systems of--

(i) the Federal Emergency Management Agency; and

(ii) other Federal, State, and local agencies responsible for crisis preparedness, response, and consequence management; and

(B) opportunities for research and development on enhanced technologies into areas of potential improvement as determined during the course of the study.

(3) Report.--Not later than 2 years after the date on which a contract is entered into under paragraph (1), the Federal Emergency Management Agency shall submit a report on the study, including findings and recommendations to--

(A) the Committee on Governmental Affairs of the Senate; and

(B) the Committee on Government Reform of the House of Representatives.

(4) Interagency cooperation.--Other Federal departments and agencies with responsibility for disaster relief and emergency assistance shall fully cooperate with the Federal Emergency Management Agency in carrying out this section.

(5) Authorization of appropriations.--There are authorized to be appropriated to the Federal Emergency Management Agency for research under this subsection, such sums as are necessary for fiscal year 2003.

(c) Pilot Projects.--Based on the results of the research conducted under subsection (b), the Federal Emergency Management Agency shall initiate pilot projects or report to Congress on other activities that further the goal of maximizing the utility of information technology in disaster management. The Federal Emergency Management Agency shall cooperate with other relevant agencies, and, if appropriate, State, local, and tribal governments, in initiating such pilot projects.

SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.

(a) Study and Report.--

(1) Study.--Not later than 90 days after the date of enactment of this Act, the Director of the National Science Foundation shall request that the National Academy of Sciences, acting through the National Research Council, enter into a contract to conduct a study on disparities in Internet access for online Government services.

(2) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a final report of the study under this section, which shall set forth the findings, conclusions, and recommendations of the National Research Council.

(b) Contents.--The report under subsection (a) shall include a study of--

(1) how disparities in Internet access influence the effectiveness of online Government services, including a review of--

(A) the nature of disparities in Internet access;

(B) the affordability of Internet service;

(D) changes in the nature of personal and public Internet access that may alleviate or aggravate effective access to online Government services;

(2) how the increase in online Government services is influencing the disparities in Internet access and how technology development or diffusion trends may offset such adverse influences; and

(3) related societal effects arising from the interplay of disparities in Internet access and the increase in online Government services.

(c) Recommendations.--The report shall include recommendations on actions to ensure that online Government initiatives shall not have the unintended result of increasing any deficiency in public access to Government services.

(d) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation

$950,000 in fiscal year 2003 to carry out this section.

SEC. 216. NOTIFICATION OF OBSOLETE OR COUNTERPRODUCTIVE

PROVISIONS.

If the Director of the Office of Management and Budget makes a determination that any provision of this Act

(including any amendment made by this Act) is obsolete or counterproductive to the purposes of this Act, as a result of changes in technology or any other reason, the Director shall submit notification of that determination to--

(1) the Committee on Governmental Affairs of the Senate; and

(2) the Committee on Government Reform of the House of Representatives.

TITLE III--GOVERNMENT INFORMATION SECURITY

SEC. 301. INFORMATION SECURITY.

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

``SEC. 1060. SHORT TITLE.

``This subtitle may be cited as the `Government Information Security Reform Act'.''.

(b) Continuation of Authority.--

(1) In general.--Section 3536 of title 44, United States Code, is repealed.

(2) Technical and conforming amendment.--The table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3536.

TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

Except for those purposes for which an authorization of appropriations is specifically provided in title I or II, including the amendments made by such titles, there are authorized to be appropriated such sums as are necessary to carry out titles I and II for each of fiscal years 2003 through 2007.

SEC. 402. EFFECTIVE DATES.

(a) Titles I and II.--

(1) In general.--Except as provided under paragraph (2), titles I and II and the amendments made by such titles shall take effect 120 days after the date of enactment of this Act.

(2) Immediate enactment.--Sections 207, 214, 215, and 216 shall take effect on the date of enactment of this Act.

(b) Titles III and IV.--Title III and this title shall take effect on the date of enactment of this Act.

____________________

SOURCE: Congressional Record Vol. 148, No. 88

“TEXT OF AMENDMENTS” published by the Congressional Record on June 27, 2002

“TEXT OF AMENDMENTS” published by the Congressional Record on June 27, 2002

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