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pdfPUBLIC LAW 107–347—DEC. 17 2002
116 STAT. 2899
Public Law 107–347
107th Congress
An Act
To enhance the management and promotion of electronic Government services and
processes by establishing a Federal Chief Information Officer within the Office
of Management and Budget, and by establishing a broad framework of measures
that require using Internet-based information technology to enhance citizen access
to Government information and services, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘E-Government
Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Dec. 17, 2002
[H.R. 2458]
E-Government
Act of 2002.
44 USC 101 note.
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. Share-in-savings initiatives.
Sec. 211. Authorization for acquisition of information technology by State and local
governments through Federal supply schedules.
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. Common protocols for geographic information systems.
Sec.
Sec.
Sec.
Sec.
Sec.
301.
302.
303.
304.
305.
TITLE III—INFORMATION SECURITY
Information security.
Management of information technology.
National Institute of Standards and Technology.
Information Security and Privacy Advisory Board.
Technical and conforming amendments.
TITLE IV—AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES
Sec. 401. Authorization of appropriations.
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PUBLIC LAW 107–347—DEC. 17 2002
Sec. 402. Effective dates.
TITLE V—CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Coordination and oversight of policies.
Sec. 504. Effect on other laws.
Subtitle A—Confidential Information Protection
Sec. 511. Findings and purposes.
Sec. 512. Limitations on use and disclosure of data and information.
Sec. 513. Fines and penalties.
Subtitle B—Statistical Efficiency
Findings and purposes.
Designation of statistical agencies.
Responsibilities of designated statistical agencies.
Sharing of business data among designated statistical agencies.
Limitations on use of business data provided by designated statistical
agencies.
Sec. 526. Conforming amendments.
Sec.
Sec.
Sec.
Sec.
Sec.
44 USC 3601
note.
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521.
522.
523.
524.
525.
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 Internetbased 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.
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(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.
‘‘3602.
‘‘3603.
‘‘3604.
‘‘3605.
Definitions.
Office of Electronic Government.
Chief Information Officers Council.
E-Government Fund.
Program to encourage innovative solutions to enhance electronic Government
services and processes.
‘‘3606. E-Government report.
‘‘§ 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;
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‘‘(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—
‘‘(A) the governing body of any Indian tribe, band,
nation, or other organized group or community located
in the continental United States (excluding the State of
Alaska) that is recognized as eligible for the special programs and services provided by the United States to
Indians because of their status as Indians, and
‘‘(B) any Alaska Native regional or village corporation
established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
Establishment.
Government
organization.
President.
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‘‘§ 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.
‘‘(c) The Administrator shall assist the Director in carrying
out—
‘‘(1) all functions under this chapter;
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‘‘(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) subtitle III of title 40, United States Code;
‘‘(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); and
‘‘(5) the Federal Information Security Management Act of
2002.
‘‘(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 administer electronic Government initiatives.
‘‘(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.
‘‘(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.
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‘‘(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 developed by the National Institute
of Standards and Technology and promulgated by the Secretary
of Commerce under section 11331 of title 40, 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, including the following:
‘‘(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
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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 Internetbased system under section 204 of the E-Government Act of
2002.
‘‘(12) Coordinate with the Administrator for 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 this section.
‘‘(17) Assist the Director in preparing the E-Government
report established under section 3606.
‘‘(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.
‘‘§ 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.
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‘‘(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 11331 of title 40, and maximize the use of commercial
standards as appropriate, including the following:
‘‘(A) Standards and guidelines for interconnectivity and
interoperability as described under section 3504.
‘‘(B) Consistent with the process under section 207(d)
of the E-Government Act of 2002, standards and guidelines
for categorizing Federal Government electronic information
to enable efficient use of technologies, such as through
the use of extensible markup language.
‘‘(C) Standards and guidelines for Federal Government
computer system efficiency and security.
‘‘(6) Work with the Office of Personnel Management to
assess and address the hiring, training, classification, and
professional development needs of the Government related to
information resources management.
‘‘(7) Work with the Archivist of the United States to assess
how the Federal Records Act can be addressed effectively by
Federal information resources management activities.
‘‘§ 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
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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;
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Reports.
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‘‘(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 Internetbased 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
3606.
‘‘(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
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‘‘(E) such sums as are necessary for fiscal year 2007.
‘‘(2) Funds appropriated under this subsection shall remain
available until expended.
‘‘§ 3605. Program to encourage innovative solutions to
enhance electronic Government services and
processes
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Administrator shall
establish and promote a Governmentwide program to encourage
contractor innovation and excellence in facilitating the development
and enhancement of electronic Government services and processes.
‘‘(b) ISSUANCE OF ANNOUNCEMENTS SEEKING INNOVATIVE SOLUTIONS.—Under the program, the Administrator, in consultation with
the Council and the Administrator for Federal Procurement Policy,
shall issue announcements seeking unique and innovative solutions
to facilitate the development and enhancement of electronic Government services and processes.
‘‘(c) MULTIAGENCY TECHNICAL ASSISTANCE TEAM.—(1) The
Administrator, in consultation with the Council and the Administrator for Federal Procurement Policy, shall convene a multiagency
technical assistance team to assist in screening proposals submitted
to the Administrator to provide unique and innovative solutions
to facilitate the development and enhancement of electronic Government services and processes. The team shall be composed of
employees of the agencies represented on the Council who have
expertise in scientific and technical disciplines that would facilitate
the assessment of the feasibility of the proposals.
‘‘(2) The technical assistance team shall—
‘‘(A) assess the feasibility, scientific and technical merits,
and estimated cost of each proposal; and
‘‘(B) submit each proposal, and the assessment of the proposal, to the Administrator.
‘‘(3) The technical assistance team shall not consider or evaluate
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
‘‘(4) After receiving proposals and assessments from the technical assistance team, the Administrator shall consider recommending appropriate proposals for funding under the E-Government
Fund established under section 3604 or, if appropriate, forward
the proposal and the assessment of it to the executive agency
whose mission most coincides with the subject matter of the proposal.
‘‘§ 3606. 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.’’.
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(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 Services 3601’’.
SEC. 102. CONFORMING AMENDMENTS.
(a) ELECTRONIC GOVERNMENT AND
NOLOGIES.—
(1) IN GENERAL.—Chapter 3 of title
INFORMATION
TECH-
40, United States Code,
is amended by inserting after section 304 the following new
section:
‘‘§ 305. 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 chapter 3 of such title is amended by inserting
after the item relating to section 304 the following:
‘‘305. Electronic Government and information technologies.’’.
(b) MODIFICATION OF DEPUTY DIRECTOR FOR MANAGEMENT
FUNCTIONS.—Section 503(b) of title 31, United States Code, is
amended—
(1) by redesignating paragraphs (5), (6), (7), (8), and (9),
as paragraphs (6), (7), (8), (9), and (10), respectively; and
(2) by inserting after paragraph (4) the following:
‘‘(5) Chair the Chief Information Officers Council established under section 3603 of title 44.’’.
(c) OFFICE OF ELECTRONIC GOVERNMENT.—
(1) IN GENERAL.—Chapter 5 of title 31, United States Code,
is amended by inserting after section 506 the following:
‘‘§ 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
44 USC 3501
note.
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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.
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116 STAT. 2911
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 related information technology standards promulgated
by the Secretary of Commerce are communicated promptly
and effectively to all relevant officials within their agency;
and
(3) supporting the efforts of the Director and the Administrator of the General Services Administration to develop, maintain, and promote an integrated Internet-based system of delivering Federal Government information and services to the
public under section 204.
(b) PERFORMANCE INTEGRATION.—
(1) Agencies shall develop performance measures that demonstrate how electronic government enables progress toward
agency objectives, strategic goals, and statutory mandates.
(2) In measuring performance under this section, agencies
shall rely on existing data collections to the extent practicable.
(3) Areas of performance measurement that agencies should
consider include—
(A) customer service;
(B) agency productivity; and
(C) adoption of innovative information technology,
including the appropriate use of commercial best practices.
(4) Agencies shall link their performance goals, as appropriate, 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.
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note.
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PUBLIC LAW 107–347—DEC. 17 2002
(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 by
the Secretary of Commerce, including common standards for
interconnectivity and interoperability, categorization of Federal
Government electronic information, and computer system efficiency and security.
(g) E-GOVERNMENT STATUS REPORT.—
(1) IN GENERAL.—Each agency shall compile and submit
to the Director an annual E-Government Status Report on—
(A) the status of the implementation by the agency
of electronic government initiatives;
(B) compliance by the agency with this Act; and
(C) how electronic Government initiatives of the agency
improve performance in delivering programs to constituencies.
(2) SUBMISSION.—Each agency shall submit an annual
report under this subsection—
(A) to the Director at such time and in such manner
as the Director requires;
(B) consistent with related reporting requirements; and
(C) which addresses any section in this title relevant
to that agency.
(h) USE OF TECHNOLOGY.—Nothing in this Act supersedes the
responsibility of an agency to use or manage information technology
to deliver Government information and services that fulfill the
statutory mission and programs of the agency.
(i) NATIONAL SECURITY SYSTEMS.—
(1) INAPPLICABILITY.—Except as provided under paragraph
(2), this title does not apply to national security systems as
defined in section 11103 of title 40, United States Code.
(2) APPLICABILITY.—This section, section 203, and section
214 do apply to national security systems to the extent practicable and consistent with law.
44 USC 3501
note.
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.
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116 STAT. 2913
(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, and for other activities
consistent with this section, $8,000,000 or such sums as are necessary 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
of the Court of Federal Claims, and the chief bankruptcy judge
of each district shall cause to be established and maintained, for
the court of which the judge is chief justice or judge, 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.
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116 STAT. 2914
(6) Access to documents filed with the courthouse in electronic form, to the extent provided under subsection (c).
(7) Any other information (including forms in a format
that can be downloaded) that the court determines useful to
the public.
(b) MAINTENANCE OF DATA ONLINE.—
(1) UPDATE OF INFORMATION.—The information and rules
on each website shall be updated regularly and kept reasonably
current.
(2) CLOSED CASES.—Electronic files and docket information
for cases closed for more than 1 year are not required to
be made available online, except all written opinions with a
date of issuance after the effective date of this section shall
remain available online.
(c) ELECTRONIC FILINGS.—
(1) IN GENERAL.—Except as provided under paragraph (2)
or in the rules prescribed under paragraph (3), 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.—(A)(i) The Supreme
Court shall prescribe rules, in accordance with sections 2072
and 2075 of title 28, United States Code, to protect privacy
and security concerns relating to electronic filing of documents
and the public availability under this subsection of documents
filed electronically.
(ii) Such rules shall provide to the extent practicable for
uniform treatment of privacy and security issues throughout
the Federal courts.
(iii) Such rules shall take into consideration best practices
in Federal and State courts to protect private information or
otherwise maintain necessary information security.
(iv) To the extent that such rules provide for the redaction
of certain categories of information in order to protect privacy
and security concerns, such rules shall provide that a party
that wishes to file an otherwise proper document containing
such information may file an unredacted document under seal,
which shall be retained by the court as part of the record,
and which, at the discretion of the court and subject to any
applicable rules issued in accordance with chapter 131 of title
28, United States Code, shall be either in lieu of, or in addition,
to, a redacted copy in the public file.
(B)(i) Subject to clause (ii), the Judicial Conference of the
United States may issue interim rules, and interpretive statements relating to the application of such rules, which conform
to the requirements of this paragraph and which shall cease
to have effect upon the effective date of the rules required
under subparagraph (A).
(ii) Pending issuance of the rules required under subparagraph (A), any rule or order of any court, or of the Judicial
Conference, providing for the redaction of certain categories
of information in order to protect privacy and security concerns
Public
information.
Regulations.
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116 STAT. 2915
arising from electronic filing shall comply with, and be construed in conformity with, subparagraph (A)(iv).
(C) Not later than 1 year after the rules prescribed under
subparagraph (A) take effect, and every 2 years thereafter,
the Judicial Conference shall submit to Congress a report on
the adequacy of those rules to protect privacy and security.
(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
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Reports.
Deadlines.
Deadline.
44 USC 3501
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116 STAT. 2916
PUBLIC LAW 107–347—DEC. 17 2002
(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
paragraphs (1) and (2) of section 552(a) 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 3606 of title 44 (as added by this Act).
44 USC 3501
note.
Deadline.
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SEC.
207.
ACCESSIBILITY, USABILITY, AND
GOVERNMENT INFORMATION.
PRESERVATION
OF
(a) PURPOSE.—The purpose of this section is to improve the
methods by which Government information, including information
on the Internet, is organized, preserved, and made accessible to
the public.
(b) DEFINITIONS.—In this section, the term—
(1) ‘‘Committee’’ means the Interagency Committee on
Government Information established under subsection (c); and
(2) ‘‘directory’’ means a taxonomy of subjects linked to
websites that—
(A) organizes Government information on the Internet
according to subject matter; and
(B) may be created with the participation of human
editors.
(c) INTERAGENCY COMMITTEE.—
(1) ESTABLISHMENT.—Not later than 180 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—
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(i) the National Archives and Records Administration;
(ii) the offices of the Chief Information Officers
from Federal agencies; and
(iii) other relevant officers from the executive
branch; and
(B) may include representatives from the Federal legislative and judicial branches.
(3) FUNCTIONS.—The Committee shall—
(A) engage in public consultation to the maximum
extent feasible, including consultation with interested
communities such as public advocacy organizations;
(B) conduct studies and submit recommendations, as
provided under this section, to the Director and Congress;
and
(C) share effective practices for access to, dissemination
of, and retention of Federal information.
(4) TERMINATION.—The Committee may be terminated on
a date determined by the Director, except the Committee may
not terminate before the Committee submits all recommendations required under this section.
(d) CATEGORIZING OF INFORMATION.—
(1) COMMITTEE FUNCTIONS.—Not later than 2 years 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
(C) determining priorities and developing schedules
for the initial implementation of the standards by agencies.
(2) FUNCTIONS OF THE DIRECTOR.—Not later than 1 year
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
provisions under section 3602(f)(8) of title 44, United
States Code;
(B) defining categories of Government information
which shall be required to be classified under the standards; and
(C) determining priorities and developing schedules
for the initial implementation of the standards by agencies.
(3) MODIFICATION OF POLICIES.—After the submission of
agency reports under paragraph (4), the Director shall modify
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Deadline.
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116 STAT. 2918
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 2 years 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 1 year
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) AGENCY WEBSITES.—
(1) STANDARDS FOR AGENCY WEBSITES.—Not later than 2
years after the effective date of this title, the Director shall
promulgate guidance for agency websites that includes—
(A) requirements that websites include direct links
to—
(i) descriptions of the mission and statutory
authority of the agency;
(ii) information made available to the public under
subsections (a)(1) and (b) of section 552 of title 5,
United States Code (commonly referred to as the
‘‘Freedom of Information Act’’);
(iii) information about the organizational structure
of the agency; and
(iv) the strategic plan of the agency developed
under section 306 of title 5, United States Code; and
(B) minimum agency goals to assist public users to
navigate agency websites, including—
(i) speed of retrieval of search results;
(ii) the relevance of the results;
Reports.
Deadline.
Deadline.
Policies.
Reports.
Deadline.
Guidelines.
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(iii) tools to aggregate and disaggregate data; and
(iv) security protocols to protect information.
(2) AGENCY REQUIREMENTS.—(A) Not later than 2 years
after the date of enactment of this Act, each agency shall—
(i) consult with the Committee and solicit public comment;
(ii) establish a process for determining which Government information the agency intends to make available
and accessible to the public on the Internet and by other
means;
(iii) develop priorities and schedules for making
Government information available and accessible;
(iv) make such final determinations, priorities, and
schedules available for public comment;
(v) post such final determinations, priorities, and
schedules on the Internet; and
(vi) submit such final determinations, priorities, and
schedules to the Director, in the report established under
section 202(g).
(B) Each agency shall update determinations, priorities,
and schedules of the agency, as needed, after consulting with
the Committee and soliciting public comment, if appropriate.
(3) PUBLIC DOMAIN DIRECTORY OF PUBLIC FEDERAL GOVERNMENT WEBSITES.—
(A) ESTABLISHMENT.—Not later than 2 years after the
effective date of this title, the Director and each agency
shall—
(i) develop and establish a public domain directory
of public Federal Government websites; and
(ii) post the directory on the Internet with a link
to the integrated Internet-based system established
under section 204.
(B) DEVELOPMENT.—With the assistance of each
agency, the Director shall—
(i) 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
(ii) develop a public domain taxonomy of subjects
used to review and categorize public Federal Government websites.
(C) UPDATE.—With the assistance of each agency, the
Administrator of the Office of Electronic Government
shall—
(i) update the directory as necessary, but not less
than every 6 months; and
(ii) solicit interested persons for improvements to
the directory.
(g) ACCESS TO FEDERALLY FUNDED RESEARCH AND DEVELOPMENT.—
(1) DEVELOPMENT AND MAINTENANCE OF GOVERNMENTWIDE
REPOSITORY AND WEBSITE.—
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Deadline.
Deadline.
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(A) REPOSITORY AND WEBSITE.—The Director of the
Office of Management and Budget (or the Director’s delegate), in consultation 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,
consistent with any relevant protections for the
information under section 552 of title 5, United
States Code, 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 centers; 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;
Public
information.
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(III) the transfer of technology among Federal
agencies and between Federal agencies and nonFederal 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 3606 of title 44 (as added by this Act).
(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 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.
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 is in an identifiable form; or
(ii) initiating a new collection of information that—
(I) will be collected, maintained, or disseminated using information technology; and
(II) includes any information in an identifiable
form permitting the physical or online contacting
of a specific individual, if identical questions have
been posed to, or identical reporting requirements
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Guidelines.
Deadline.
Reports.
44 USC 3501
note.
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Public
information.
Federal Register,
publication.
Guidelines.
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PUBLIC LAW 107–347—DEC. 17 2002
imposed on, 10 or more persons, other than agencies, instrumentalities, or employees of the Federal
Government.
(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 information that is
in an identifiable form 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 information that is in an identifiable form as the Director
determines appropriate.
(c) PRIVACY PROTECTIONS ON AGENCY WEBSITES.—
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(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.
(d) DEFINITION.—In this section, the term ‘‘identifiable form’’
means any representation of information that permits the identity
of an individual to whom the information applies to be reasonably
inferred by either direct or indirect means.
SEC.
209.
FEDERAL INFORMATION
DEVELOPMENT.
TECHNOLOGY
WORKFORCE
Guidelines.
44 USC 3501
note.
(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) WORKFORCE DEVELOPMENT.—
(1) IN GENERAL.—In consultation with the Director of the
Office of Management and Budget, the Chief Information Officers Council, and the Administrator of General Services, the
Director of the Office of Personnel Management shall—
(A) analyze, on an ongoing basis, the personnel needs
of the Federal Government related to information technology and information resource management;
(B) identify where current information technology and
information resource management training do not satisfy
the personnel needs described in subparagraph (A);
(C) 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
(D) assess the training of Federal employees in
information technology disciplines in order to ensure that
the information resource management needs of the Federal
Government are addressed.
(2) INFORMATION TECHNOLOGY TRAINING PROGRAMS.—The
head of each Executive agency, after consultation with the
Director of the Office of Personnel Management, the Chief
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Information Officers Council, and the Administrator of General
Services, shall establish and operate information technology
training programs consistent with the requirements of this
subsection. Such programs shall—
(A) have curricula covering a broad range of information technology disciplines corresponding to the specific
information technology and information resource management needs of the agency involved;
(B) be developed and applied according to rigorous
standards; and
(C) be designed to maximize efficiency, through the
use of self-paced courses, online courses, on-the-job
training, and the use of remote instructors, wherever such
features can be applied without reducing the effectiveness
of the training or negatively impacting academic standards.
(3) GOVERNMENTWIDE POLICIES AND EVALUATION.—The
Director of the Office of Personnel Management, in coordination
with the Director of the Office of Management and Budget,
shall issue policies to promote the development of performance
standards for training and uniform implementation of this subsection by Executive agencies, with due regard for differences
in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The
Director of the Office of Personnel Management shall evaluate
the implementation of the provisions of this subsection by
Executive agencies.
(4) CHIEF INFORMATION OFFICER AUTHORITIES AND RESPONSIBILITIES.—Subject to the authority, direction, and control of
the head of an Executive agency, the chief information officer
of such agency shall carry out all powers, functions, and duties
of the head of the agency with respect to implementation of
this subsection. The chief information officer shall ensure that
the policies of the agency head established in accordance with
this subsection are implemented throughout the agency.
(5) INFORMATION TECHNOLOGY TRAINING REPORTING.—The
Director of the Office of Management and Budget shall ensure
that the heads of Executive agencies collect and maintain
standardized information on the information technology and
information resources management workforce related to the
implementation of this subsection.
(6) AUTHORITY TO DETAIL EMPLOYEES TO NON-FEDERAL
EMPLOYERS.—In carrying out the preceding provisions of this
subsection, the Director of the Office of Personnel Management
may provide for a program under which a Federal employee
may be detailed to a non-Federal employer. The Director of
the Office of Personnel Management shall prescribe regulations
for such program, including the conditions for service and duties
as the Director considers necessary.
(7) COORDINATION PROVISION.—An assignment described in
section 3703 of title 5, United States Code, may not be made
unless a program under paragraph (6) is established, and the
assignment is made in accordance with the requirements of
such program.
(8) 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
Records.
Regulations.
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encourage employees to participate in occupational information
technology training.
(9) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Office of Personnel Management
for the implementation of this subsection, $15,000,000 in fiscal
year 2003, and such sums as are necessary for each fiscal
year thereafter.
(10) EXECUTIVE AGENCY DEFINED.—For purposes of this
subsection, the term ‘‘Executive agency’’ has the meaning given
the term ‘‘agency’’ under section 3701 of title 5, United States
Code (as added by subsection (c)).
(c) INFORMATION TECHNOLOGY EXCHANGE PROGRAM.—
(1) IN GENERAL.—Subpart B of part III of title 5, United
States Code, is amended by adding at the end the following:
‘‘CHAPTER 37—INFORMATION TECHNOLOGY EXCHANGE
PROGRAM
‘‘Sec.
‘‘3701.
‘‘3702.
‘‘3703.
‘‘3704.
‘‘3705.
Definitions.
General provisions.
Assignment of employees to private sector organizations.
Assignment of employees from private sector organizations.
Application to Office of the Chief Technology Officer of the District of Columbia.
‘‘3706. Reporting requirement.
‘‘3707. Regulations.
‘‘§ 3701. Definitions
‘‘For purposes of this chapter—
‘‘(1) the term ‘agency’ means an Executive agency, but
does not include the General Accounting Office; and
‘‘(2) the term ‘detail’ means—
‘‘(A) the assignment or loan of an employee of an
agency to a private sector organization without a change
of position from the agency that employs the individual,
or
‘‘(B) the assignment or loan of an employee of a private
sector organization to an agency without a change of position from the private sector organization that employs the
individual,
whichever is appropriate in the context in which such term
is used.
‘‘§ 3702. General provisions
‘‘(a) ASSIGNMENT AUTHORITY.—On request from or with the
agreement of a private sector organization, and with the consent
of the employee concerned, the head of an agency may arrange
for the assignment of an employee of the agency to a private
sector organization or an employee of a private sector organization
to the agency. An eligible employee is an individual who—
‘‘(1) works in the field of information technology management;
‘‘(2) is considered an exceptional performer by the individual’s current employer; and
‘‘(3) is expected to assume increased information technology
management responsibilities in the future.
An employee of an agency shall be eligible to participate in this
program only if the employee is employed at the GS–11 level
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PUBLIC LAW 107–347—DEC. 17 2002
or above (or equivalent) and is serving under a career or careerconditional appointment or an appointment of equivalent tenure
in the excepted service, and applicable requirements of section
209(b) of the E-Government Act of 2002 are met with respect
to the proposed assignment of such employee.
‘‘(b) AGREEMENTS.—Each agency that exercises its authority
under this chapter shall provide for a written agreement between
the agency and the employee concerned regarding the terms and
conditions of the employee’s assignment. In the case of an employee
of the agency, the agreement shall—
‘‘(1) require the employee to serve in the civil service,
upon completion of the assignment, for a period equal to the
length of the assignment; and
‘‘(2) provide that, in the event the employee fails to carry
out the agreement (except for good and sufficient reason, as
determined by the head of the agency from which assigned)
the employee shall be liable to the United States for payment
of all expenses of the assignment.
An amount under paragraph (2) shall be treated as a debt due
the United States.
‘‘(c) TERMINATION.—Assignments may be terminated by the
agency or private sector organization concerned for any reason
at any time.
‘‘(d) DURATION.—Assignments under this chapter shall be for
a period of between 3 months and 1 year, and may be extended
in 3-month increments for a total of not more than 1 additional
year, except that no assignment under this chapter may commence
after the end of the 5-year period beginning on the date of the
enactment of this chapter.
‘‘(e) ASSISTANCE.—The Chief Information Officers Council, by
agreement with the Office of Personnel Management, may assist
in the administration of this chapter, including by maintaining
lists of potential candidates for assignment under this chapter,
establishing mentoring relationships for the benefit of individuals
who are given assignments under this chapter, and publicizing
the program.
‘‘(f) CONSIDERATIONS.—In exercising any authority under this
chapter, an agency shall take into consideration—
‘‘(1) the need to ensure that small business concerns are
appropriately represented with respect to the assignments
described in sections 3703 and 3704, respectively; and
‘‘(2) how assignments described in section 3703 might best
be used to help meet the needs of the agency for the training
of employees in information technology management.
‘‘§ 3703. Assignment of employees to private sector organizations
‘‘(a) IN GENERAL.—An employee of an agency assigned to a
private sector organization under this chapter is deemed, during
the period of the assignment, to be on detail to a regular work
assignment in his agency.
‘‘(b) COORDINATION WITH CHAPTER 81.—Notwithstanding any
other provision of law, an employee of an agency assigned to a
private sector organization under this chapter is entitled to retain
coverage, rights, and benefits under subchapter I of chapter 81,
and employment during the assignment is deemed employment
by the United States, except that, if the employee or the employee’s
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dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly
paid by the private sector organization, or other benefit of any
kind on account of the same injury or death, then, the amount
of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81.
‘‘(c) REIMBURSEMENTS.—The assignment of an employee to a
private sector organization under this chapter may be made with
or without reimbursement by the private sector organization for
the travel and transportation expenses to or from the place of
assignment, subject to the same terms and conditions as apply
with respect to an employee of a Federal agency or a State or
local government under section 3375, and for the pay, or a part
thereof, of the employee during assignment. Any reimbursements
shall be credited to the appropriation of the agency used for paying
the travel and transportation expenses or pay.
‘‘(d) TORT LIABILITY; SUPERVISION.—The Federal Tort Claims
Act and any other Federal tort liability statute apply to an employee
of an agency assigned to a private sector organization under this
chapter. The supervision of the duties of an employee of an agency
so assigned to a private sector organization may be governed by
an agreement between the agency and the organization.
‘‘(e) SMALL BUSINESS CONCERNS.—
‘‘(1) IN GENERAL.—The head of each agency shall take
such actions as may be necessary to ensure that, of the assignments made under this chapter from such agency to private
sector organizations in each year, at least 20 percent are to
small business concerns.
‘‘(2) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘small business concern’ means a business
concern that satisfies the definitions and standards specified by the Administrator of the Small Business Administration under section 3(a)(2) of the Small Business Act
(as from time to time amended by the Administrator);
‘‘(B) the term ‘year’ refers to the 12-month period beginning on the date of the enactment of this chapter, and
each succeeding 12-month period in which any assignments
under this chapter may be made; and
‘‘(C) the assignments ‘made’ in a year are those commencing in such year.
‘‘(3) REPORTING REQUIREMENT.—An agency which fails to
comply with paragraph (1) in a year shall, within 90 days
after the end of such year, submit a report to the Committees
on Government Reform and Small Business of the House of
Representatives and the Committees on Governmental Affairs
and Small Business of the Senate. The report shall include—
‘‘(A) the total number of assignments made under this
chapter from such agency to private sector organizations
in the year;
‘‘(B) of that total number, the number (and percentage)
made to small business concerns; and
‘‘(C) the reasons for the agency’s noncompliance with
paragraph (1).
‘‘(4) EXCLUSION.—This subsection shall not apply to an
agency in any year in which it makes fewer than 5 assignments
under this chapter to private sector organizations.
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‘‘§ 3704.
Assignment of employees from private sector
organizations
‘‘(a) IN GENERAL.—An employee of a private sector organization
assigned to an agency under this chapter is deemed, during the
period of the assignment, to be on detail to such agency.
‘‘(b) TERMS AND CONDITIONS.—An employee of a private sector
organization assigned to an agency under this chapter—
‘‘(1) may continue to receive pay and benefits from the
private sector organization from which he is assigned;
‘‘(2) is deemed, notwithstanding subsection (a), to be an
employee of the agency for the purposes of—
‘‘(A) chapter 73;
‘‘(B) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18;
‘‘(C) sections 1343, 1344, and 1349(b) of title 31;
‘‘(D) the Federal Tort Claims Act and any other Federal
tort liability statute;
‘‘(E) the Ethics in Government Act of 1978;
‘‘(F) section 1043 of the Internal Revenue Code of 1986;
and
‘‘(G) section 27 of the Office of Federal Procurement
Policy Act;
‘‘(3) may not have access to any trade secrets or to any
other nonpublic information which is of commercial value to
the private sector organization from which he is assigned; and
‘‘(4) is subject to such regulations as the President may
prescribe.
The supervision of an employee of a private sector organization
assigned to an agency under this chapter may be governed by
agreement between the agency and the private sector organization
concerned. Such an assignment may be made with or without
reimbursement by the agency for the pay, or a part thereof, of
the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems.
‘‘(c) COORDINATION WITH CHAPTER 81.—An employee of a private sector organization assigned to an agency under this chapter
who suffers disability or dies as a result of personal injury sustained
while performing duties during the assignment shall be treated,
for the purpose of subchapter I of chapter 81, as an employee
as defined by section 8101 who had sustained the injury in the
performance of duty, except that, if the employee or the employee’s
dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly
paid by the private sector organization, or other benefit of any
kind on account of the same injury or death, then, the amount
of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81.
‘‘(d) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE
FEDERAL GOVERNMENT.—A private sector organization may not
charge the Federal Government, as direct or indirect costs under
a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to an agency under this chapter
for the period of the assignment.
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‘‘§ 3705. Application to Office of the Chief Technology Officer
of the District of Columbia
‘‘(a) IN GENERAL.—The Chief Technology Officer of the District
of Columbia may arrange for the assignment of an employee of
the Office of the Chief Technology Officer to a private sector
organization, or an employee of a private sector organization to
such Office, in the same manner as the head of an agency under
this chapter.
‘‘(b) TERMS AND CONDITIONS.—An assignment made pursuant
to subsection (a) shall be subject to the same terms and conditions
as an assignment made by the head of an agency under this
chapter, except that in applying such terms and conditions to an
assignment made pursuant to subsection (a), any reference in this
chapter to a provision of law or regulation of the United States
shall be deemed to be a reference to the applicable provision of
law or regulation of the District of Columbia, including the
applicable provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1–601.01 et seq.,
D.C. Official Code) and section 601 of the District of Columbia
Campaign Finance Reform and Conflict of Interest Act (sec. 1–
1106.01, D.C. Official Code).
‘‘(c) DEFINITION.—For purposes of this section, the term ‘Office
of the Chief Technology Officer’ means the office established in
the executive branch of the government of the District of Columbia
under the Office of the Chief Technology Officer Establishment
Act of 1998 (sec. 1–1401 et seq., D.C. Official Code).
‘‘§ 3706. Reporting requirement
‘‘(a) IN GENERAL.—The Office of Personnel Management shall,
not later than April 30 and October 31 of each year, prepare
and submit to the Committee on Government Reform of the House
of Representatives and the Committee on Governmental Affairs
of the Senate a semiannual report summarizing the operation of
this chapter during the immediately preceding 6-month period
ending on March 31 and September 30, respectively.
‘‘(b) CONTENT.—Each report shall include, with respect to the
6-month period to which such report relates—
‘‘(1) the total number of individuals assigned to, and the
total number of individuals assigned from, each agency during
such period;
‘‘(2) a brief description of each assignment included under
paragraph (1), including—
‘‘(A) the name of the assigned individual, as well as
the private sector organization and the agency (including
the specific bureau or other agency component) to or from
which such individual was assigned;
‘‘(B) the respective positions to and from which the
individual was assigned, including the duties and responsibilities and the pay grade or level associated with each;
and
‘‘(C) the duration and objectives of the individual’s
assignment; and
‘‘(3) such other information as the Office considers appropriate.
‘‘(c) PUBLICATION.—A copy of each report submitted under subsection (a)—
‘‘(1) shall be published in the Federal Register; and
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Deadline.
Federal Register,
publication.
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Public
information.
Deadline.
PUBLIC LAW 107–347—DEC. 17 2002
‘‘(2) shall be made publicly available on the Internet.
‘‘(d) AGENCY COOPERATION.—On request of the Office, agencies
shall furnish such information and reports as the Office may require
in order to carry out this section.
‘‘§ 3707. Regulations
‘‘The Director of the Office of Personnel Management shall
prescribe regulations for the administration of this chapter.’’.
(2) REPORT.—Not later than 4 years after the date of the
enactment of this Act, the General Accounting Office shall
prepare and submit to the Committee on Government Reform
of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the operation of chapter
37 of title 5, United States Code (as added by this subsection).
Such report shall include—
(A) an evaluation of the effectiveness of the program
established by such chapter; and
(B) a recommendation as to whether such program
should be continued (with or without modification) or
allowed to lapse.
(3) CLERICAL AMENDMENT.—The analysis for part III of
title 5, United States Code, is amended by inserting after
the item relating to chapter 35 the following:
‘‘37. Information Technology Exchange Program ................................................ 3701’’.
(d) ETHICS PROVISIONS.—
(1) ONE-YEAR RESTRICTION ON CERTAIN COMMUNICATIONS.—
Section 207(c)(2)(A) of title 18, United States Code, is
amended—
(A) by striking ‘‘or’’ at the end of clause (iii);
(B) by striking the period at the end of clause (iv)
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(v) assigned from a private sector organization to an
agency under chapter 37 of title 5.’’.
(2) DISCLOSURE OF CONFIDENTIAL INFORMATION.—Section
1905 of title 18, United States Code, is amended by inserting
‘‘or being an employee of a private sector organization who
is or was assigned to an agency under chapter 37 of title
5,’’ after ‘‘(15 U.S.C. 1311–1314),’’.
(3) CONTRACT ADVICE.—Section 207 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(l) CONTRACT ADVICE BY FORMER DETAILS.—Whoever, being
an employee of a private sector organization assigned to an agency
under chapter 37 of title 5, within one year after the end of that
assignment, knowingly represents or aids, counsels, or assists in
representing any other person (except the United States) in connection with any contract with that agency shall be punished as provided in section 216 of this title.’’.
(4) RESTRICTION ON DISCLOSURE OF PROCUREMENT INFORMATION.—Section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423) is amended in subsection (a)(1) by adding
at the end the following new sentence: ‘‘In the case of an
employee of a private sector organization assigned to an agency
under chapter 37 of title 5, United States Code, in addition
to the restriction in the preceding sentence, such employee
shall not, other than as provided by law, knowingly disclose
contractor bid or proposal information or source selection
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information during the three-year period after the end of the
assignment of such employee.’’.
(e) REPORT ON EXISTING EXCHANGE PROGRAMS.—
(1) EXCHANGE PROGRAM DEFINED.—For purposes of this
subsection, the term ‘‘exchange program’’ means an executive
exchange program, the program under subchapter VI of chapter
33 of title 5, United States Code, and any other program
which allows for—
(A) the assignment of employees of the Federal Government to non-Federal employers;
(B) the assignment of employees of non-Federal
employers to the Federal Government; or
(C) both.
(2) REPORTING REQUIREMENT.—Not later than 1 year after
the date of the enactment of this Act, the Office of Personnel
Management shall prepare and submit to the Committee on
Government Reform of the House of Representatives and the
Committee on Governmental Affairs of the Senate a report
identifying all existing exchange programs.
(3) SPECIFIC INFORMATION.—The report shall, for each such
program, include—
(A) a brief description of the program, including its
size, eligibility requirements, and terms or conditions for
participation;
(B) specific citation to the law or other authority under
which the program is established;
(C) the names of persons to contact for more information, and how they may be reached; and
(D) any other information which the Office considers
appropriate.
(f) REPORT ON THE ESTABLISHMENT OF A GOVERNMENTWIDE
INFORMATION TECHNOLOGY TRAINING PROGRAM.—
(1) IN GENERAL.—Not later January 1, 2003, the Office
of Personnel Management, in consultation with the Chief
Information Officers Council and the Administrator of General
Services, shall review and submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a written report
on the following:
(A) The adequacy of any existing information technology training programs available to Federal employees
on a Governmentwide basis.
(B)(i) If one or more such programs already exist, recommendations as to how they might be improved.
(ii) If no such program yet exists, recommendations
as to how such a program might be designed and established.
(C) With respect to any recommendations under
subparagraph (B), how the program under chapter 37 of
title 5, United States Code, might be used to help carry
them out.
(2) COST ESTIMATE.—The report shall, for any recommended
program (or improvements) under paragraph (1)(B), include
the estimated costs associated with the implementation and
operation of such program as so established (or estimated difference in costs of any such program as so improved).
(g) TECHNICAL AND CONFORMING AMENDMENTS.—
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PUBLIC LAW 107–347—DEC. 17 2002
(1) AMENDMENTS TO TITLE 5, UNITED STATES CODE.—Title
5, United States Code, is amended—
(A) in section 3111, by adding at the end the following:
‘‘(d) Notwithstanding section 1342 of title 31, the head of an
agency may accept voluntary service for the United States under
chapter 37 of this title and regulations of the Office of Personnel
Management.’’;
(B) in section 4108, by striking subsection (d); and
(C) in section 7353(b), by adding at the end the following:
‘‘(4) Nothing in this section precludes an employee of a private
sector organization, while assigned to an agency under chapter
37, from continuing to receive pay and benefits from such organization in accordance with such chapter.’’.
(2) AMENDMENT TO TITLE 18, UNITED STATES CODE.—Section
209 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(g)(1) This section does not prohibit an employee of a private
sector organization, while assigned to an agency under chapter
37 of title 5, from continuing to receive pay and benefits from
such organization in accordance with such chapter.
‘‘(2) For purposes of this subsection, the term ‘agency’ means
an agency (as defined by section 3701 of title 5) and the Office
of the Chief Technology Officer of the District of Columbia.’’.
(3) OTHER AMENDMENTS.—Section 125(c)(1) of Public Law
100–238 (5 U.S.C. 8432 note) is amended—
(A) in subparagraph (B), by striking ‘‘or’’ at the end;
(B) in subparagraph (C), by striking ‘‘and’’ at the end
and inserting ‘‘or’’; and
(C) by adding at the end the following:
‘‘(D) an individual assigned from a Federal agency
to a private sector organization under chapter 37 of title
5, United States Code; and’’.
44 USC 3501
note.
SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
(a) DEFENSE CONTRACTS.—(1) Chapter 137 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2332. Share-in-savings contracts
‘‘(a) AUTHORITY TO ENTER INTO SHARE-IN-SAVINGS CONTRACTS.—(1) The head of an agency may enter into a share-insavings contract for information technology (as defined in section
11101(6) of title 40) in which the Government awards a contract
to improve mission-related or administrative processes or to accelerate the achievement of its mission and share with the contractor
in savings achieved through contract performance.
‘‘(2)(A) Except as provided in subparagraph (B), a share-insavings contract shall be awarded for a period of not more than
five years.
‘‘(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head
of the agency determines in writing prior to award of the contract
that—
‘‘(i) the level of risk to be assumed and the investment
to be undertaken by the contractor is likely to inhibit the
government from obtaining the needed information technology
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competitively at a fair and reasonable price if the contract
is limited in duration to a period of five years or less; and
‘‘(ii) usage of the information technology to be acquired
is likely to continue for a period of time sufficient to generate
reasonable benefit for the government.
‘‘(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones
that must be met before payment is made.
‘‘(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that
is to be the basis upon which a savings share ratio is established
that governs the amount of payment a contractor is to receive
under the contract. Before commencement of performance of such
a contract, the senior procurement executive of the agency shall
determine in writing that the terms of the provision are quantifiable
and will likely yield value to the Government.
‘‘(5)(A) The head of the agency may retain savings realized
through the use of a share-in-savings contract under this section
that are in excess of the total amount of savings paid to the
contractor under the contract, but may not retain any portion
of such savings that is attributable to a decrease in the number
of civilian employees of the Federal Government performing the
function. Except as provided in subparagraph (B), savings shall
be credited to the appropriation or fund against which charges
were made to carry out the contract and shall be used for information technology.
‘‘(B) Amounts retained by the agency under this subsection
shall—
‘‘(i) without further appropriation, remain available until
expended; and
‘‘(ii) be applied first to fund any contingent liabilities associated with share-in-savings procurements that are not fully
funded.
‘‘(b) CANCELLATION AND TERMINATION.—(1) If funds are not
made available for the continuation of a share-in-savings contract
entered into under this section in a subsequent fiscal year, the
contract shall be canceled or terminated. The costs of cancellation
or termination may be paid out of—
‘‘(A) appropriations available for the performance of the
contract;
‘‘(B) appropriations available for acquisition of the information technology procured under the contract, and not otherwise
obligated; or
‘‘(C) funds subsequently appropriated for payments of costs
of cancellation or termination, subject to the limitations in
paragraph (3).
‘‘(2) The amount payable in the event of cancellation or termination of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
‘‘(3)(A) Subject to subparagraph (B), the head of an agency
may enter into share-in-savings contracts under this section in
any given fiscal year even if funds are not made specifically available for the full costs of cancellation or termination of the contract
if funds are available and sufficient to make payments with respect
to the first fiscal year of the contract and the following conditions
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PUBLIC LAW 107–347—DEC. 17 2002
are met regarding the funding of cancellation and termination
liability:
‘‘(i) The amount of unfunded contingent liability for the
contract does not exceed the lesser of—
‘‘(I) 25 percent of the estimated costs of a cancellation
or termination; or
‘‘(II) $5,000,000.
‘‘(ii) Unfunded contingent liability in excess of $1,000,000
has been approved by the Director of the Office of Management
and Budget or the Director’s designee.
‘‘(B) The aggregate number of share-in-savings contracts that
may be entered into under subparagraph (A) by all agencies to
which this chapter applies in a fiscal year may not exceed 5 in
each of fiscal years 2003, 2004, and 2005.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘contractor’ means a private entity that enters
into a contract with an agency.
‘‘(2) The term ‘savings’ means—
‘‘(A) monetary savings to an agency; or
‘‘(B) savings in time or other benefits realized by the
agency, including enhanced revenues (other than enhanced
revenues from the collection of fees, taxes, debts, claims,
or other amounts owed the Federal Government).
‘‘(3) The term ‘share-in-savings contract’ means a contract
under which—
‘‘(A) a contractor provides solutions for—
‘‘(i) improving the agency’s mission-related or
administrative processes; or
‘‘(ii) accelerating the achievement of agency missions; and
‘‘(B) the head of the agency pays the contractor an
amount equal to a portion of the savings derived by the
agency from—
‘‘(i) any improvements in mission-related or
administrative processes that result from implementation of the solution; or
‘‘(ii) acceleration of achievement of agency missions.
‘‘(d) TERMINATION.—No share-in-savings contracts may be
entered into under this section after September 30, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end of the following new item:
‘‘2332. Share-in-savings contracts.’’.
(b) OTHER CONTRACTS.—Title III of the Federal Property and
Administrative Services Act of 1949 is amended by adding at the
end the following:
41 USC 266a.
‘‘SEC. 317. SHARE-IN-SAVINGS CONTRACTS.
‘‘(a) AUTHORITY TO
TRACTS.—(1) The head of
ENTER INTO SHARE-IN-SAVINGS CONan executive agency may enter into a
share-in-savings contract for information technology (as defined
in section 11101(6) of title 40, United States Code) in which the
Government awards a contract to improve mission-related or
administrative processes or to accelerate the achievement of its
mission and share with the contractor in savings achieved through
contract performance.
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‘‘(2)(A) Except as provided in subparagraph (B), a share-insavings contract shall be awarded for a period of not more than
five years.
‘‘(B) A share-in-savings contract may be awarded for a period
greater than five years, but not more than 10 years, if the head
of the agency determines in writing prior to award of the contract
that—
‘‘(i) the level of risk to be assumed and the investment
to be undertaken by the contractor is likely to inhibit the
government from obtaining the needed information technology
competitively at a fair and reasonable price if the contract
is limited in duration to a period of five years or less; and
‘‘(ii) usage of the information technology to be acquired
is likely to continue for a period of time sufficient to generate
reasonable benefit for the government.
‘‘(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones
that must be met before payment is made.
‘‘(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that
is to be the basis upon which a savings share ratio is established
that governs the amount of payment a contractor is to receive
under the contract. Before commencement of performance of such
a contract, the senior procurement executive of the agency shall
determine in writing that the terms of the provision are quantifiable
and will likely yield value to the Government.
‘‘(5)(A) The head of the agency may retain savings realized
through the use of a share-in-savings contract under this section
that are in excess of the total amount of savings paid to the
contractor under the contract, but may not retain any portion
of such savings that is attributable to a decrease in the number
of civilian employees of the Federal Government performing the
function. Except as provided in subparagraph (B), savings shall
be credited to the appropriation or fund against which charges
were made to carry out the contract and shall be used for information technology.
‘‘(B) Amounts retained by the agency under this subsection
shall—
‘‘(i) without further appropriation, remain available until
expended; and
‘‘(ii) be applied first to fund any contingent liabilities associated with share-in-savings procurements that are not fully
funded.
‘‘(b) CANCELLATION AND TERMINATION.—(1) If funds are not
made available for the continuation of a share-in-savings contract
entered into under this section in a subsequent fiscal year, the
contract shall be canceled or terminated. The costs of cancellation
or termination may be paid out of—
‘‘(A) appropriations available for the performance of the
contract;
‘‘(B) appropriations available for acquisition of the information technology procured under the contract, and not otherwise
obligated; or
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PUBLIC LAW 107–347—DEC. 17 2002
‘‘(C) funds subsequently appropriated for payments of costs
of cancellation or termination, subject to the limitations in
paragraph (3).
‘‘(2) The amount payable in the event of cancellation or termination of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
‘‘(3)(A) Subject to subparagraph (B), the head of an executive
agency may enter into share-in-savings contracts under this section
in any given fiscal year even if funds are not made specifically
available for the full costs of cancellation or termination of the
contract if funds are available and sufficient to make payments
with respect to the first fiscal year of the contract and the following
conditions are met regarding the funding of cancellation and termination liability:
‘‘(i) The amount of unfunded contingent liability for the
contract does not exceed the lesser of—
‘‘(I) 25 percent of the estimated costs of a cancellation
or termination; or
‘‘(II) $5,000,000.
‘‘(ii) Unfunded contingent liability in excess of $1,000,000
has been approved by the Director of the Office of Management
and Budget or the Director’s designee.
‘‘(B) The aggregate number of share-in-savings contracts that
may be entered into under subparagraph (A) by all executive agencies to which this chapter applies in a fiscal year may not exceed
5 in each of fiscal years 2003, 2004, and 2005.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘contractor’ means a private entity that enters
into a contract with an agency.
‘‘(2) The term ‘savings’ means—
‘‘(A) monetary savings to an agency; or
‘‘(B) savings in time or other benefits realized by the
agency, including enhanced revenues (other than enhanced
revenues from the collection of fees, taxes, debts, claims,
or other amounts owed the Federal Government).
‘‘(3) The term ‘share-in-savings contract’ means a contract
under which—
‘‘(A) a contractor provides solutions for—
‘‘(i) improving the agency’s mission-related or
administrative processes; or
‘‘(ii) accelerating the achievement of agency missions; and
‘‘(B) the head of the agency pays the contractor an
amount equal to a portion of the savings derived by the
agency from—
‘‘(i) any improvements in mission-related or
administrative processes that result from implementation of the solution; or
‘‘(ii) acceleration of achievement of agency missions.
‘‘(d) TERMINATION.—No share-in-savings contracts may be
entered into under this section after September 30, 2005.’’.
(c) DEVELOPMENT OF INCENTIVES.—The Director of the Office
of Management and Budget shall, in consultation with the Committee on Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, and executive
agencies, develop techniques to permit an executive agency to retain
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a portion of the savings (after payment of the contractor’s share
of the savings) derived from share-in-savings contracts as funds
are appropriated to the agency in future fiscal years.
(d) REGULATIONS.—Not later than 270 days after the date of
the enactment of this Act, the Federal Acquisition Regulation shall
be revised to implement the provisions enacted by this section.
Such revisions shall—
(1) provide for the use of competitive procedures in the
selection and award of share-in-savings contracts to—
(A) ensure the contractor’s share of savings reflects
the risk involved and market conditions; and
(B) otherwise yield greatest value to the government;
and
(2) allow appropriate regulatory flexibility to facilitate the
use of share-in-savings contracts by executive agencies,
including the use of innovative provisions for technology
refreshment and nonstandard Federal Acquisition Regulation
contract clauses.
(e) ADDITIONAL GUIDANCE.—The Administrator of General Services shall—
(1) identify potential opportunities for the use of sharein-savings contracts; and
(2) in consultation with the Director of the Office of
Management and Budget, provide guidance to executive agencies for determining mutually beneficial savings share ratios
and baselines from which savings may be measured.
(f) OMB REPORT TO CONGRESS.—In consultation with executive
agencies, the Director of the Office of Management and Budget
shall, not later than 2 years after the date of the enactment of
this Act, submit to Congress a report containing—
(1) a description of the number of share-in-savings contracts
entered into by each executive agency under by this section
and the amendments made by this section, and, for each contract identified—
(A) the information technology acquired;
(B) the total amount of payments made to the contractor; and
(C) the total amount of savings or other measurable
benefits realized;
(2) a description of the ability of agencies to determine
the baseline costs of a project against which savings can be
measured; and
(3) any recommendations, as the Director deems appropriate, regarding additional changes in law that may be necessary to ensure effective use of share-in-savings contracts by
executive agencies.
(g) GAO REPORT TO CONGRESS.—The Comptroller General shall,
not later than 6 months after the report required under subsection
(f) is submitted to Congress, conduct a review of that report and
submit to Congress a report containing—
(1) the results of the review;
(2) an independent assessment by the Comptroller General
of the effectiveness of the use of share-in-savings contracts
in improving the mission-related and administrative processes
of the executive agencies and the achievement of agency missions; and
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(3) a recommendation on whether the authority to enter
into share-in-savings contracts should be continued.
(h) REPEAL OF SHARE-IN-SAVINGS PILOT PROGRAM.—
(1) REPEAL.—Section 11521 of title 40, United States Code,
is repealed.
(2) CONFORMING AMENDMENTS TO PILOT PROGRAM
AUTHORITY.—
(A) Section 11501 of title 40, United States Code, is
amended—
(i) in the section heading, by striking ‘‘PROGRAMS’’
and inserting ‘‘PROGRAM’’;
(ii) in subsection (a)(1), by striking ‘‘conduct pilot
programs’’ and inserting ‘‘conduct a pilot program
pursuant to the requirements of section 11521 of this
title’’;
(iii) in subsection (a)(2), by striking ‘‘each pilot
program’’ and inserting ‘‘the pilot program’’;
(iv) in subsection (b), by striking ‘‘LIMITATIONS.—
’’ and all that follows through ‘‘$750,000,000.’’ and
inserting the following: ‘‘LIMITATION ON AMOUNT.—The
total amount obligated for contracts entered into under
the pilot program conducted under this chapter may
not exceed $375,000,000.’’; and
(v) in subsection (c)(1), by striking ‘‘a pilot’’ and
inserting ‘‘the pilot’’.
(B) The following provisions of chapter 115 of such
title are each amended by striking ‘‘a pilot’’ each place
it appears and inserting ‘‘the pilot’’:
(i) Section 11502(a).
(ii) Section 11502(b).
(iii) Section 11503(a).
(iv) Section 11504.
(C) Section 11505 of such chapter is amended by
striking ‘‘programs’’ and inserting ‘‘program’’.
(3) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Section 11522 of title 40, United States Code, is
redesignated as section 11521.
(B) The chapter heading for chapter 115 of such title
is amended by striking ‘‘PROGRAMS’’ and inserting
‘‘PROGRAM’’.
(C) The subchapter heading for subchapter I and for
subchapter II of such chapter are each amended by striking
‘‘PROGRAMS’’ and inserting ‘‘PROGRAM’’.
(D) The item relating to subchapter I in the table
of sections at the beginning of such chapter is amended
to read as follows:
‘‘SUBCHAPTER I—CONDUCT OF PILOT PROGRAM’’.
(E) The item relating to subchapter II in the table
of sections at the beginning of such chapter is amended
to read as follows:
‘‘SUBCHAPTER II—SPECIFIC PILOT PROGRAM’’.
(F) The item relating to section 11501 in the table
of sections at the beginning of such is amended by striking
‘‘programs’’ and inserting ‘‘program’’.
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(G) The table of sections at the beginning of such
chapter is amended by striking the item relating to section
11521 and redesignating the item relating to section 11522
as section 11521.
(H) The item relating to chapter 115 in the table of
chapters for subtitle III of title 40, United States Code,
is amended to read as follows:
‘‘115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM ....11501’’.
(i) DEFINITIONS.—In this section, the terms ‘‘contractor’’,
‘‘savings’’, and ‘‘share-in-savings contract’’ have the meanings given
those terms in section 317 of the Federal Property and Administrative Services Act of 1949 (as added by subsection (b)).
SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH
FEDERAL SUPPLY SCHEDULES.
(a) AUTHORITY TO USE CERTAIN SUPPLY SCHEDULES.—Section
502 of title 40, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) USE OF CERTAIN SUPPLY SCHEDULES.—
‘‘(1) IN GENERAL.—The Administrator may provide for the
use by State or local governments of Federal supply schedules
of the General Services Administration for automated data
processing equipment (including firmware), software, supplies,
support equipment, and services (as contained in Federal supply
classification code group 70).
‘‘(2) VOLUNTARY USE.—In any case of the use by a State
or local government of a Federal supply schedule pursuant
to paragraph (1), participation by a firm that sells to the
Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government
through such supply schedule.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘State or local government’ includes any
State, local, regional, or tribal government, or any
instrumentality thereof (including any local educational
agency or institution of higher education).
‘‘(B) The term ‘tribal government’ means—
‘‘(i) the governing body of any Indian tribe, band,
nation, or other organized group or community located
in the continental United States (excluding the State
of Alaska) that is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians, and
‘‘(ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
‘‘(C) The term ‘local educational agency’ has the
meaning given that term in section 8013 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713).
‘‘(D) The term ‘institution of higher education’ has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).’’.
(b) PROCEDURES.—Not later than 30 days after the date of
the enactment of this Act, the Administrator of General Services
shall establish procedures to implement section 501(c) of title 40,
United States Code (as added by subsection (a)).
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note.
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Deadline.
(c) REPORT.—Not later than December 31, 2004, the Administrator shall submit to the Committee on Government Reform of
the House of Representatives and the Committee on Governmental
Affairs of the Senate a report on the implementation and effects
of the amendment made by subsection (a).
44 USC 3501
note.
SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
(a) PURPOSES.—The purposes of this section are to—
(1) enhance the interoperability of Federal information systems;
(2) assist the public, including the regulated community,
in electronically submitting information to agencies under Federal requirements, by reducing the burden of duplicate collection and ensuring the accuracy of submitted information; and
(3) enable any person to integrate and obtain similar
information held by 1 or more agencies under 1 or more Federal
requirements without violating the privacy rights of an individual.
(b) DEFINITIONS.—In this section, the term—
(1) ‘‘agency’’ means an Executive agency as defined under
section 105 of title 5, United States Code; and
(2) ‘‘person’’ means any individual, trust, firm, joint stock
company, corporation (including a government corporation),
partnership, association, State, municipality, commission, political subdivision of a State, interstate body, or agency or component of the Federal Government.
(c) REPORT.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Director shall oversee a study,
in consultation with agencies, the regulated community, public
interest organizations, and the public, and submit a report
to the Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of Representatives on progress toward integrating Federal information systems across agencies.
(2) CONTENTS.—The report under this section shall—
(A) address the integration of data elements used in
the electronic collection of information within databases
established under Federal statute without reducing the
quality, accessibility, scope, or utility of the information
contained in each database;
(B) address the feasibility of developing, or enabling
the development of, software, including Internet-based
tools, for use by reporting persons in assembling, documenting, and validating the accuracy of information electronically submitted to agencies under nonvoluntary, statutory, and regulatory requirements;
(C) address the feasibility of developing a distributed
information system involving, on a voluntary basis, at least
2 agencies, that—
(i) provides consistent, dependable, and timely
public access to the information holdings of 1 or more
agencies, or some portion of such holdings, without
requiring public users to know which agency holds
the information; and
(ii) allows the integration of public information
held by the participating agencies;
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(D) address the feasibility of incorporating other elements related to the purposes of this section at the discretion of the Director; and
(E) make any recommendations that the Director
deems appropriate on 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) 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;
(3) other information consistent with section 552(b)(3) of
title 5, United States Code, and other relevant law; and
(4) confidential statistical information collected under a
confidentiality pledge, solely for statistical purposes, consistent
with the Office of Management and Budget’s Federal Statistical
Confidentiality Order, 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
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(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 Administrator shall—
(1) ensure that a study is conducted to evaluate the best
practices of community technology centers that have received
Federal funds; and
(2) submit a report on the study to—
(A) the Committee on Governmental Affairs of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Government Reform of the House
of Representatives; and
(D) the Committee on Education and the Workforce
of the House of Representatives.
(c) CONTENTS.—The report under subsection (b) may consider—
(1) an evaluation of the best practices being used by
successful community technology centers;
(2) a strategy for—
(A) continuing the evaluation of best practices used
by community technology centers; and
(B) establishing a network to share information and
resources as community technology centers evolve;
(3) the identification of methods to expand the use of best
practices to assist community technology centers, public
libraries, and other institutions that provide computer and
Internet access to the public;
(4) a database of all community technology centers that
have received Federal funds, including—
(A) each center’s name, location, services provided,
director, other points of contact, number of individuals
served; and
(B) other relevant information;
(5) an analysis of whether community technology centers
have been deployed effectively in urban and rural areas
throughout the Nation; and
(6) recommendations of how to—
(A) enhance the development of community technology
centers; and
(B) establish a network to share information and
resources.
(d) COOPERATION.—All agencies that fund community technology centers shall provide to the Administrator any information
and assistance necessary for the completion of the study and the
report under this section.
(e) ASSISTANCE.—
(1) IN GENERAL.—The Administrator, in consultation with
the Secretary 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
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(B) identify other ways to assist community technology
centers, public libraries, and other institutions that provide
computer and Internet access to the public.
(2) TYPES OF ASSISTANCE.—Assistance under this subsection
may include—
(A) contribution of funds;
(B) donations of equipment, and training in the use
and maintenance of the equipment; and
(C) the provision of basic instruction or training material in computer skills and Internet usage.
(f) ONLINE TUTORIAL.—
(1) IN GENERAL.—The Administrator, in consultation with
the Secretary of Education, the Director of the Institute of
Museum and Library Services, 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 Administrator, with assistance
from 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.—The
Administrator, with assistance from the Department of Education
and in consultation with other agencies and organizations, 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 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 Administrator, in consultation with the Federal Emergency
Management Agency, shall ensure that a study is conducted
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
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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
Administrator 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 Administrator in carrying out this section.
(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 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 Administrator, in consultation
with 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 Administrator 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 Administrator of General Services 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 Administrator of General Services 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;
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(C) the incidence of disparities among different groups
within the population; and
(D) changes in the nature of personal and public Internet access that may alleviate or aggravate effective access
to online Government services;
(2) how the increase in online Government services is influencing the disparities in Internet access and how technology
development or diffusion trends may offset such adverse influences; and
(3) related societal effects arising from the interplay of
disparities in Internet access and the increase in online Government services.
(c) RECOMMENDATIONS.—The report shall include recommendations on actions to ensure that online Government initiatives shall
not have the unintended result of increasing any deficiency in
public access to Government services.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $950,000 in fiscal year 2003 to carry out this
section.
SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS.
44 USC 3501
note.
(a) PURPOSES.—The purposes of this section are to—
(1) reduce redundant data collection and information; and
(2) promote collaboration and use of standards for government geographic information.
(b) DEFINITION.—In this section, the term ‘‘geographic information’’ means information systems that involve locational data, such
as maps or other geospatial information resources.
(c) IN GENERAL.—
(1) COMMON PROTOCOLS.—The Administrator, in consultation with 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 Administrator 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—
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(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 such sums as are necessary to carry out this
section, for each of the fiscal years 2003 through 2007.
Federal
Information
Security
Management
Act of 2002.
TITLE III—INFORMATION SECURITY
SEC. 301. INFORMATION SECURITY.
44 USC 101 note.
(a) SHORT TITLE.—This title may be cited as the ‘‘Federal
Information Security Management Act of 2002’’.
(b) INFORMATION SECURITY.—
(1) IN GENERAL.—Chapter 35 of title 44, United States
Code, is amended by adding at the end the following new
subchapter:
‘‘SUBCHAPTER III—INFORMATION SECURITY
‘‘§ 3541. Purposes
‘‘The purposes of this subchapter are to—
‘‘(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
‘‘(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;
‘‘(3) provide for development and maintenance of minimum
controls required to protect Federal information and information systems;
‘‘(4) provide a mechanism for improved oversight of Federal
agency information security programs;
‘‘(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for
the protection of critical information infrastructures important
to the national defense and economic security of the nation
that are designed, built, and operated by the private sector;
and
‘‘(6) recognize that the selection of specific technical hardware and software information security solutions should be
left to individual agencies from among commercially developed
products.
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‘‘§ 3542. Definitions
‘‘(a) IN GENERAL.—Except as provided under subsection (b),
the definitions under section 3502 shall apply to this subchapter.
‘‘(b) ADDITIONAL DEFINITIONS.—As used in this subchapter:
‘‘(1) The term ‘information security’ means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in order
to provide—
‘‘(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
‘‘(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means
for protecting personal privacy and proprietary information;
and
‘‘(C) availability, which means ensuring timely and
reliable access to and use of information.
‘‘(2)(A) The term ‘national security system’ means any
information system (including any telecommunications system)
used or operated by an agency or by a contractor of an agency,
or other organization on behalf of an agency—
‘‘(i) the function, operation, or use of which—
‘‘(I) involves intelligence activities;
‘‘(II) involves cryptologic activities related to
national security;
‘‘(III) involves command and control of military
forces;
‘‘(IV) involves equipment that is an integral part
of a weapon or weapons system; or
‘‘(V) subject to subparagraph (B), is critical to the
direct fulfillment of military or intelligence missions;
or
‘‘(ii) is protected at all times by procedures established
for information that have been specifically authorized under
criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national
defense or foreign policy.
‘‘(B) Subparagraph (A)(i)(V) does not include a system that
is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel
management applications).
‘‘(3) The term ‘information technology’ has the meaning
given that term in section 11101 of title 40.
‘‘§ 3543. Authority and functions of the Director
‘‘(a) IN GENERAL.—The Director shall oversee agency information security policies and practices, including—
‘‘(1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and
compliance with standards promulgated under section 11331
of title 40;
‘‘(2) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements
of this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
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harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of—
‘‘(A) information collected or maintained by or on behalf
of an agency; or
‘‘(B) information systems used or operated by an agency
or by a contractor of an agency or other organization on
behalf of an agency;
‘‘(3) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g–3) with agencies and offices
operating or exercising control of national security systems
(including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are
complementary with standards and guidelines developed for
national security systems;
‘‘(4) overseeing agency compliance with the requirements
of this subchapter, including through any authorized action
under section 11303 of title 40, to enforce accountability for
compliance with such requirements;
‘‘(5) reviewing at least annually, and approving or disapproving, agency information security programs required
under section 3544(b);
‘‘(6) coordinating information security policies and procedures with related information resources management policies
and procedures;
‘‘(7) overseeing the operation of the Federal information
security incident center required under section 3546; and
‘‘(8) reporting to Congress no later than March 1 of each
year on agency compliance with the requirements of this subchapter, including—
‘‘(A) a summary of the findings of evaluations required
by section 3545;
‘‘(B) an assessment of the development, promulgation,
and adoption of, and compliance with, standards developed
under section 20 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g-3) and promulgated
under section 11331 of title 40;
‘‘(C) significant deficiencies in agency information security practices;
‘‘(D) planned remedial action to address such deficiencies; and
‘‘(E) a summary of, and the views of the Director on,
the report prepared by the National Institute of Standards
and Technology under section 20(d)(10) of the National
Institute of Standards and Technology Act (15 U.S.C. 278g–
3).
‘‘(b) NATIONAL SECURITY SYSTEMS.—Except for the authorities
described in paragraphs (4) and (8) of subsection (a), the authorities
of the Director under this section shall not apply to national security
systems.
‘‘(c) DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE
AGENCY SYSTEMS.—(1) The authorities of the Director described
in paragraphs (1) and (2) of subsection (a) shall be delegated to
the Secretary of Defense in the case of systems described in paragraph (2) and to the Director of Central Intelligence in the case
of systems described in paragraph (3).
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‘‘(2) The systems described in this paragraph are systems that
are operated by the Department of Defense, a contractor of the
Department of Defense, or another entity on behalf of the Department of Defense that processes any information the unauthorized
access, use, disclosure, disruption, modification, or destruction of
which would have a debilitating impact on the mission of the
Department of Defense.
‘‘(3) The systems described in this paragraph are systems that
are operated by the Central Intelligence Agency, a contractor of
the Central Intelligence Agency, or another entity on behalf of
the Central Intelligence Agency that processes any information
the unauthorized access, use, disclosure, disruption, modification,
or destruction of which would have a debilitating impact on the
mission of the Central Intelligence Agency.
‘‘§ 3544. Federal agency responsibilities
‘‘(a) IN GENERAL.—The head of each agency shall—
‘‘(1) be responsible for—
‘‘(A) providing information security protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of—
‘‘(i) information collected or maintained by or on
behalf of the agency; and
‘‘(ii) information systems used or operated by an
agency or by a contractor of an agency or other
organization on behalf of an agency;
‘‘(B) complying with the requirements of this subchapter and related policies, procedures, standards, and
guidelines, including—
‘‘(i) information security standards promulgated
under section 11331 of title 40; and
‘‘(ii) information security standards and guidelines
for national security systems issued in accordance with
law and as directed by the President; and
‘‘(C) ensuring that information security management
processes are integrated with agency strategic and operational planning processes;
‘‘(2) ensure that senior agency officials provide information
security for the information and information systems that support the operations and assets under their control, including
through—
‘‘(A) assessing the risk and magnitude of the harm
that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such
information or information systems;
‘‘(B) determining the levels of information security
appropriate to protect such information and information
systems in accordance with standards promulgated under
section 11331 of title 40, for information security classifications and related requirements;
‘‘(C) implementing policies and procedures to cost-effectively reduce risks to an acceptable level; and
‘‘(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
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‘‘(3) delegate to the agency Chief Information Officer established under section 3506 (or comparable official in an agency
not covered by such section) the authority to ensure compliance
with the requirements imposed on the agency under this subchapter, including—
‘‘(A) designating a senior agency information security
officer who shall—
‘‘(i) carry out the Chief Information Officer’s
responsibilities under this section;
‘‘(ii) possess professional qualifications, including
training and experience, required to administer the
functions described under this section;
‘‘(iii) have information security duties as that official’s primary duty; and
‘‘(iv) head an office with the mission and resources
to assist in ensuring agency compliance with this section;
‘‘(B) developing and maintaining an agencywide
information security program as required by subsection
(b);
‘‘(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under section 3543 of this title, and section 11331 of title 40;
‘‘(D) training and overseeing personnel with significant
responsibilities for information security with respect to
such responsibilities; and
‘‘(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
‘‘(4) ensure that the agency has trained personnel sufficient
to assist the agency in complying with the requirements of
this subchapter and related policies, procedures, standards,
and guidelines; and
‘‘(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports annually
to the agency head on the effectiveness of the agency information security program, including progress of remedial actions.
‘‘(b) AGENCY PROGRAM.—Each agency shall develop, document,
and implement an agencywide information security program,
approved by the Director under section 3543(a)(5), to provide
information security for the information and information systems
that support the operations and assets of the agency, including
those provided or managed by another agency, contractor, or other
source, that includes—
‘‘(1) periodic assessments of the risk and magnitude of
the harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of information and information systems that support the operations and
assets of the agency;
‘‘(2) policies and procedures that—
‘‘(A) are based on the risk assessments required by
paragraph (1);
‘‘(B) cost-effectively reduce information security risks
to an acceptable level;
‘‘(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
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‘‘(D) ensure compliance with—
‘‘(i) the requirements of this subchapter;
‘‘(ii) policies and procedures as may be prescribed
by the Director, and information security standards
promulgated under section 11331 of title 40;
‘‘(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
‘‘(iv) any other applicable requirements, including
standards and guidelines for national security systems
issued in accordance with law and as directed by the
President;
‘‘(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
‘‘(4) security awareness training to inform personnel,
including contractors and other users of information systems
that support the operations and assets of the agency, of—
‘‘(A) information security risks associated with their
activities; and
‘‘(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
‘‘(5) periodic testing and evaluation of the effectiveness
of information security policies, procedures, and practices, to
be performed with a frequency depending on risk, but no less
than annually, of which such testing—
‘‘(A) shall include testing of management, operational,
and technical controls of every information system identified in the inventory required under section 3505(c); and
‘‘(B) may include testing relied on in a evaluation under
section 3545;
‘‘(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in
the information security policies, procedures, and practices of
the agency;
‘‘(7) procedures for detecting, reporting, and responding
to security incidents, consistent with standards and guidelines
issued pursuant to section 3546(b), including—
‘‘(A) mitigating risks associated with such incidents
before substantial damage is done;
‘‘(B) notifying and consulting with the Federal information security incident center referred to in section 3546;
and
‘‘(C) notifying and consulting with, as appropriate—
‘‘(i) law enforcement agencies and relevant Offices
of Inspector General;
‘‘(ii) an office designated by the President for any
incident involving a national security system; and
‘‘(iii) any other agency or office, in accordance with
law or as directed by the President; and
‘‘(8) plans and procedures to ensure continuity of operations
for information systems that support the operations and assets
of the agency.
‘‘(c) AGENCY REPORTING.—Each agency shall—
‘‘(1) report annually to the Director, the Committees on
Government Reform and Science of the House of Representatives, the Committees on Governmental Affairs and Commerce,
Science, and Transportation of the Senate, the appropriate
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authorization and appropriations committees of Congress, and
the Comptroller General on the adequacy and effectiveness
of information security policies, procedures, and practices, and
compliance with the requirements of this subchapter, including
compliance with each requirement of subsection (b);
‘‘(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and reports
relating to—
‘‘(A) annual agency budgets;
‘‘(B) information resources management under subchapter 1 of this chapter;
‘‘(C) information technology management under subtitle III of title 40;
‘‘(D) program performance under sections 1105 and
1115 through 1119 of title 31, and sections 2801 and 2805
of title 39;
‘‘(E) financial management under chapter 9 of title
31, and the Chief Financial Officers Act of 1990 (31 U.S.C.
501 note; Public Law 101–576) (and the amendments made
by that Act);
‘‘(F) financial management systems under the Federal
Financial Management Improvement Act (31 U.S.C. 3512
note); and
‘‘(G) internal accounting and administrative controls
under section 3512 of title 31, (known as the ‘Federal
Managers Financial Integrity Act’); and
‘‘(3) report any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) or (2)—
‘‘(A) as a material weakness in reporting under section
3512 of title 31; and
‘‘(B) if relating to financial management systems, as
an instance of a lack of substantial compliance under the
Federal Financial Management Improvement Act (31
U.S.C. 3512 note).
‘‘(d) PERFORMANCE PLAN.—(1) In addition to the requirements
of subsection (c), each agency, in consultation with the Director,
shall include as part of the performance plan required under section
1115 of title 31 a description of—
‘‘(A) the time periods, and
‘‘(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under subsection (b).
‘‘(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (b)(2)(1).
‘‘(e) PUBLIC NOTICE AND COMMENT.—Each agency shall provide
the public with timely notice and opportunities for comment on
proposed information security policies and procedures to the extent
that such policies and procedures affect communication with the
public.
‘‘§ 3545. Annual independent evaluation
‘‘(a) IN GENERAL.—(1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency to determine the effectiveness
of such program and practices.
‘‘(2) Each evaluation under this section shall include—
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‘‘(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative subset
of the agency’s information systems;
‘‘(B) an assessment (made on the basis of the results of
the testing) of compliance with—
‘‘(i) the requirements of this subchapter; and
‘‘(ii) related information security policies, procedures,
standards, and guidelines; and
‘‘(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
‘‘(b) INDEPENDENT AUDITOR.—Subject to subsection (c)—
‘‘(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978, the annual evaluation
required by this section shall be performed by the Inspector
General or by an independent external auditor, as determined
by the Inspector General of the agency; and
‘‘(2) for each agency to which paragraph (1) does not apply,
the head of the agency shall engage an independent external
auditor to perform the evaluation.
‘‘(c) NATIONAL SECURITY SYSTEMS.—For each agency operating
or exercising control of a national security system, that portion
of the evaluation required by this section directly relating to a
national security system shall be performed—
‘‘(1) only by an entity designated by the agency head;
and
‘‘(2) in such a manner as to ensure appropriate protection
for information associated with any information security vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
‘‘(d) EXISTING EVALUATIONS.—The evaluation required by this
section may be based in whole or in part on an audit, evaluation,
or report relating to programs or practices of the applicable agency.
‘‘(e) AGENCY REPORTING.—(1) Each year, not later than such
date established by the Director, the head of each agency shall
submit to the Director the results of the evaluation required under
this section.
‘‘(2) To the extent an evaluation required under this section
directly relates to a national security system, the evaluation results
submitted to the Director shall contain only a summary and assessment of that portion of the evaluation directly relating to a national
security system.
‘‘(f) PROTECTION OF INFORMATION.—Agencies and evaluators
shall take appropriate steps to ensure the protection of information
which, if disclosed, may adversely affect information security. Such
protections shall be commensurate with the risk and comply with
all applicable laws and regulations.
‘‘(g) OMB REPORTS TO CONGRESS.—(1) The Director shall
summarize the results of the evaluations conducted under this
section in the report to Congress required under section 3543(a)(8).
‘‘(2) The Director’s report to Congress under this subsection
shall summarize information regarding information security
relating to national security systems in such a manner as to ensure
appropriate protection for information associated with any information security vulnerability in such system commensurate with the
risk and in accordance with all applicable laws.
‘‘(3) Evaluations and any other descriptions of information systems under the authority and control of the Director of Central
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Reports.
PUBLIC LAW 107–347—DEC. 17 2002
Intelligence or of National Foreign Intelligence Programs systems
under the authority and control of the Secretary of Defense shall
be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws.
‘‘(h) COMPTROLLER GENERAL.—The Comptroller General shall
periodically evaluate and report to Congress on—
‘‘(1) the adequacy and effectiveness of agency information
security policies and practices; and
‘‘(2) implementation of the requirements of this subchapter.
‘‘§ 3546. Federal information security incident center
‘‘(a) IN GENERAL.—The Director shall ensure the operation of
a central Federal information security incident center to—
‘‘(1) provide timely technical assistance to operators of
agency information systems regarding security incidents,
including guidance on detecting and handling information security incidents;
‘‘(2) compile and analyze information about incidents that
threaten information security;
‘‘(3) inform operators of agency information systems about
current and potential information security threats, and
vulnerabilities; and
‘‘(4) consult with the National Institute of Standards and
Technology, agencies or offices operating or exercising control
of national security systems (including the National Security
Agency), and such other agencies or offices in accordance with
law and as directed by the President regarding information
security incidents and related matters.
‘‘(b) NATIONAL SECURITY SYSTEMS.—Each agency operating or
exercising control of a national security system shall share information about information security incidents, threats, and
vulnerabilities with the Federal information security incident center
to the extent consistent with standards and guidelines for national
security systems, issued in accordance with law and as directed
by the President.
‘‘§ 3547. National security systems
‘‘The head of each agency operating or exercising control of
a national security system shall be responsible for ensuring that
the agency—
‘‘(1) provides information security protections commensurate with the risk and magnitude of the harm resulting from
the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system;
‘‘(2) implements information security policies and practices
as required by standards and guidelines for national security
systems, issued in accordance with law and as directed by
the President; and
‘‘(3) complies with the requirements of this subchapter.
‘‘§ 3548. Authorization of appropriations
‘‘There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary for
each of fiscal years 2003 through 2007.
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‘‘§ 3549. Effect on existing law
‘‘Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards and Technology Act (15 U.S.C. 278g–
3) may be construed as affecting the authority of the President,
the Office of Management and Budget or the Director thereof,
the National Institute of Standards and Technology, or the head
of any agency, with respect to the authorized use or disclosure
of information, including with regard to the protection of personal
privacy under section 552a of title 5, the disclosure of information
under section 552 of title 5, the management and disposition of
records under chapters 29, 31, or 33 of title 44, the management
of information resources under subchapter I of chapter 35 of this
title, or the disclosure of information to the Congress or the Comptroller General of the United States. While this subchapter is in
effect, subchapter II of this chapter shall not apply.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter 35 is amended by adding at the
end the following:
‘‘SUBCHAPTER III—INFORMATION SECURITY
‘‘Sec.
‘‘3541.
‘‘3542.
‘‘3543.
‘‘3544.
‘‘3545.
‘‘3546.
‘‘3547.
‘‘3548.
‘‘3549.
Purposes.
Definitions.
Authority and functions of the Director.
Federal agency responsibilities.
Annual independent evaluation.
Federal information security incident center.
National security systems.
Authorization of appropriations.
Effect on existing law.’’.
(c) INFORMATION SECURITY RESPONSIBILITIES
OF
CERTAIN AGEN-
CIES.—
(1) NATIONAL SECURITY RESPONSIBILITIES.—(A) Nothing in
this Act (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the
Director of Central Intelligence, or other agency head, as
authorized by law and as directed by the President, with regard
to the operation, control, or management of national security
systems, as defined by section 3542(b)(2) of title 44, United
States Code.
(B) Section 2224 of title 10, United States Code, is
amended—
(i) in subsection (b), by striking ‘‘(b) OBJECTIVES AND
MINIMUM REQUIREMENTS.—(1)’’ and inserting ‘‘(b) OBJECTIVES OF THE PROGRAM.—’’;
(ii) in subsection (b), by striking paragraph (2); and
(iii) in subsection (c), in the matter preceding paragraph (1), by inserting ‘‘, including through compliance
with subchapter III of chapter 35 of title 44’’ after ‘‘infrastructure’’.
(2) ATOMIC ENERGY ACT OF 1954.—Nothing in this Act shall
supersede any requirement made by or under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data
or formerly restricted data shall be handled, protected, classified, downgraded, and declassified in conformity with the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
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44 USC 3501
note.
44 USC 3501
note.
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PUBLIC LAW 107–347—DEC. 17 2002
SEC. 302. MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) IN GENERAL.—Section 11331 of title 40, United States Code,
is amended to read as follows:
Federal Register,
publication.
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‘‘§ 11331. Responsibilities for Federal information systems
standards
‘‘(a) STANDARDS AND GUIDELINES.—
‘‘(1) AUTHORITY TO PRESCRIBE.—Except as provided under
paragraph (2), the Secretary of Commerce shall, on the basis
of standards and guidelines developed by the National Institute
of Standards and Technology pursuant to paragraphs (2) and
(3) of section 20(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g–3(a)), prescribe standards and
guidelines pertaining to Federal information systems.
‘‘(2) NATIONAL SECURITY SYSTEMS.—Standards and guidelines for national security systems (as defined under this section) shall be developed, prescribed, enforced, and overseen
as otherwise authorized by law and as directed by the President.
‘‘(b) MANDATORY REQUIREMENTS.—
‘‘(1) AUTHORITY TO MAKE MANDATORY.—Except as provided
under paragraph (2), the Secretary shall make standards prescribed under subsection (a)(1) compulsory and binding to the
extent determined necessary by the Secretary to improve the
efficiency of operation or security of Federal information systems.
‘‘(2) REQUIRED MANDATORY STANDARDS.—(A) Standards prescribed under subsection (a)(1) shall include information security standards that—
‘‘(i) provide minimum information security requirements as determined under section 20(b) of the National
Institute of Standards and Technology Act (15 U.S.C. 278g–
3(b)); and
‘‘(ii) are otherwise necessary to improve the security
of Federal information and information systems.
‘‘(B) Information security standards described in subparagraph (A) shall be compulsory and binding.
‘‘(c) AUTHORITY TO DISAPPROVE OR MODIFY.—The President may
disapprove or modify the standards and guidelines referred to in
subsection (a)(1) if the President determines such action to be
in the public interest. The President’s authority to disapprove or
modify such standards and guidelines may not be delegated. Notice
of such disapproval or modification shall be published promptly
in the Federal Register. Upon receiving notice of such disapproval
or modification, the Secretary of Commerce shall immediately
rescind or modify such standards or guidelines as directed by the
President.
‘‘(d) EXERCISE OF AUTHORITY.—To ensure fiscal and policy
consistency, the Secretary shall exercise the authority conferred
by this section subject to direction by the President and in coordination with the Director of the Office of Management and Budget.
‘‘(e) APPLICATION OF MORE STRINGENT STANDARDS.—The head
of an executive agency may employ standards for the cost-effective
information security for information systems within or under the
supervision of that agency that are more stringent than the standards the Secretary prescribes under this section if the more stringent standards—
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‘‘(1) contain at least the applicable standards made compulsory and binding by the Secretary; and
‘‘(2) are otherwise consistent with policies and guidelines
issued under section 3543 of title 44.
‘‘(f) DECISIONS ON PROMULGATION OF STANDARDS.—The decision
by the Secretary regarding the promulgation of any standard under
this section shall occur not later than 6 months after the submission
of the proposed standard to the Secretary by the National Institute
of Standards and Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g–3).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) FEDERAL INFORMATION SYSTEM.—The term ‘Federal
information system’ means an information system used or operated by an executive agency, by a contractor of an executive
agency, or by another organization on behalf of an executive
agency.
‘‘(2) INFORMATION SECURITY.—The term ‘information security’ has the meaning given that term in section 3542(b)(1)
of title 44.
‘‘(3) NATIONAL SECURITY SYSTEM.—The term ‘national security system’ has the meaning given that term in section
3542(b)(2) of title 44.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 11331
in the table of sections at the beginning of chapter 113 of such
title is amended to read as follows:
Deadline.
‘‘11331. Responsibilities for Federal information systems standards.’’.
SEC. 303. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3), is amended by striking the text
and inserting the following:
‘‘(a) IN GENERAL.—The Institute shall—
‘‘(1) have the mission of developing standards, guidelines,
and associated methods and techniques for information systems;
‘‘(2) develop standards and guidelines, including minimum
requirements, for information systems used or operated by an
agency or by a contractor of an agency or other organization
on behalf of an agency, other than national security systems
(as defined in section 3542(b)(2) of title 44, United States Code);
and
‘‘(3) develop standards and guidelines, including minimum
requirements, for providing adequate information security for
all agency operations and assets, but such standards and guidelines shall not apply to national security systems.
‘‘(b) MINIMUM REQUIREMENTS FOR STANDARDS AND GUIDELINES.—The standards and guidelines required by subsection (a)
shall include, at a minimum—
‘‘(1)(A) standards to be used by all agencies to categorize
all information and information systems collected or maintained
by or on behalf of each agency based on the objectives of
providing appropriate levels of information security according
to a range of risk levels;
‘‘(B) guidelines recommending the types of information and
information systems to be included in each such category; and
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Deadlines.
Deadline.
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‘‘(C) minimum information security requirements for
information and information systems in each such category;
‘‘(2) a definition of and guidelines concerning detection
and handling of information security incidents; and
‘‘(3) guidelines developed in conjunction with the Department of Defense, including the National Security Agency, for
identifying an information system as a national security system
consistent with applicable requirements for national security
systems, issued in accordance with law and as directed by
the President.
‘‘(c) DEVELOPMENT OF STANDARDS AND GUIDELINES.—In developing standards and guidelines required by subsections (a) and
(b), the Institute shall—
‘‘(1) consult with other agencies and offices and the private
sector (including the Director of the Office of Management
and Budget, the Departments of Defense and Energy, the
National Security Agency, the General Accounting Office, and
the Secretary of Homeland Security) to assure—
‘‘(A) use of appropriate information security policies,
procedures, and techniques, in order to improve information
security and avoid unnecessary and costly duplication of
effort; and
‘‘(B) that such standards and guidelines are complementary with standards and guidelines employed for
the protection of national security systems and information
contained in such systems;
‘‘(2) provide the public with an opportunity to comment
on proposed standards and guidelines;
‘‘(3) submit to the Secretary of Commerce for promulgation
under section 11331 of title 40, United States Code—
‘‘(A) standards, as required under subsection (b)(1)(A),
no later than 12 months after the date of the enactment
of this section; and
‘‘(B) minimum information security requirements for
each category, as required under subsection (b)(1)(C), no
later than 36 months after the date of the enactment
of this section;
‘‘(4) issue guidelines as required under subsection (b)(1)(B),
no later than 18 months after the date of the enactment of
this section;
‘‘(5) to the maximum extent practicable, ensure that such
standards and guidelines do not require the use or procurement
of specific products, including any specific hardware or software;
‘‘(6) to the maximum extent practicable, ensure that such
standards and guidelines provide for sufficient flexibility to
permit alternative solutions to provide equivalent levels of
protection for identified information security risks; and
‘‘(7) to the maximum extent practicable, use flexible,
performance-based standards and guidelines that permit the
use of off-the-shelf commercially developed information security
products.
‘‘(d) INFORMATION SECURITY FUNCTIONS.—The Institute shall—
‘‘(1) submit standards developed pursuant to subsection
(a), along with recommendations as to the extent to which
these should be made compulsory and binding, to the Secretary
of Commerce for promulgation under section 11331 of title
40, United States Code;
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‘‘(2) provide technical assistance to agencies, upon request,
regarding—
‘‘(A) compliance with the standards and guidelines
developed under subsection (a);
‘‘(B) detecting and handling information security
incidents; and
‘‘(C) information security policies, procedures, and practices;
‘‘(3) conduct research, as needed, to determine the nature
and extent of information security vulnerabilities and techniques for providing cost-effective information security;
‘‘(4) develop and periodically revise performance indicators
and measures for agency information security policies and practices;
‘‘(5) evaluate private sector information security policies
and practices and commercially available information technologies to assess potential application by agencies to
strengthen information security;
‘‘(6) assist the private sector, upon request, in using and
applying the results of activities under this section;
‘‘(7) evaluate security policies and practices developed for
national security systems to assess potential application by
agencies to strengthen information security;
‘‘(8) periodically assess the effectiveness of standards and
guidelines developed under this section and undertake revisions
as appropriate;
‘‘(9) solicit and consider the recommendations of the
Information Security and Privacy Advisory Board, established
by section 21, regarding standards and guidelines developed
under subsection (a) and submit such recommendations to the
Secretary of Commerce with such standards submitted to the
Secretary; and
‘‘(10) prepare an annual public report on activities undertaken in the previous year, and planned for the coming year,
to carry out responsibilities under this section.
‘‘(e) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘agency’ has the same meaning as provided
in section 3502(1) of title 44, United States Code;
‘‘(2) the term ‘information security’ has the same meaning
as provided in section 3542(b)(1) of such title;
‘‘(3) the term ‘information system’ has the same meaning
as provided in section 3502(8) of such title;
‘‘(4) the term ‘information technology’ has the same
meaning as provided in section 11101 of title 40, United States
Code; and
‘‘(5) the term ‘national security system’ has the same
meaning as provided in section 3542(b)(2) of title 44, United
States Code.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Commerce $20,000,000 for
each of fiscal years 2003, 2004, 2005, 2006, and 2007 to enable
the National Institute of Standards and Technology to carry out
the provisions of this section.’’.
SEC. 304. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD.
Section 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–4), is amended—
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(1) in subsection (a), by striking ‘‘Computer System Security
and Privacy Advisory Board’’ and inserting ‘‘Information Security and Privacy Advisory Board’’;
(2) in subsection (a)(1), by striking ‘‘computer or telecommunications’’ and inserting ‘‘information technology’’;
(3) in subsection (a)(2)—
(A) by striking ‘‘computer or telecommunications technology’’ and inserting ‘‘information technology’’; and
(B) by striking ‘‘computer or telecommunications equipment’’ and inserting ‘‘information technology’’;
(4) in subsection (a)(3)—
(A) by striking ‘‘computer systems’’ and inserting
‘‘information system’’; and
(B) by striking ‘‘computer systems security’’ and
inserting ‘‘information security’’;
(5) in subsection (b)(1) by striking ‘‘computer systems security’’ and inserting ‘‘information security’’;
(6) in subsection (b) by striking paragraph (2) and inserting
the following:
‘‘(2) to advise the Institute, the Secretary of Commerce,
and the Director of the Office of Management and Budget
on information security and privacy issues pertaining to Federal
Government information systems, including through review of
proposed standards and guidelines developed under section 20;
and’’;
(7) in subsection (b)(3) by inserting ‘‘annually’’ after
‘‘report’’;
(8) by inserting after subsection (e) the following new subsection:
‘‘(f) The Board shall hold meetings at such locations and at
such time and place as determined by a majority of the Board.’’;
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(10) by striking subsection (h), as redesignated by paragraph (9), and inserting the following:
‘‘(h) As used in this section, the terms ‘information system’
and ‘information technology’ have the meanings given in section
20.’’.
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.
(a) COMPUTER SECURITY ACT.—Section 11332 of title 40, United
States Code, and the item relating to that section in the table
of sections for chapter 113 of such title, are repealed.
(b) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2001.—The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106–398) is
amended by striking section 1062 (44 U.S.C. 3531 note).
(c) PAPERWORK REDUCTION ACT.—(1) Section 3504(g) of title
44, United States Code, is amended—
(A) by adding ‘‘and’’ at the end of paragraph (1);
(B) in paragraph (2)—
(i) by striking ‘‘sections 11331 and 11332(b) and (c)
of title 40’’ and inserting ‘‘section 11331 of title 40 and
subchapter II of this chapter’’; and
(ii) by striking ‘‘; and’’ and inserting a period; and
(C) by striking paragraph (3).
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(2) Section 3505 of such title is amended by adding at the
end—
‘‘(c) INVENTORY OF MAJOR INFORMATION SYSTEMS.—(1) The head
of each agency shall develop and maintain an inventory of major
information systems (including major national security systems)
operated by or under the control of such agency.
‘‘(2) The identification of information systems in an inventory
under this subsection shall include an identification of the interfaces
between each such system and all other systems or networks,
including those not operated by or under the control of the agency.
‘‘(3) Such inventory shall be—
‘‘(A) updated at least annually;
‘‘(B) made available to the Comptroller General; and
‘‘(C) used to support information resources management,
including—
‘‘(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
‘‘(ii) information technology planning, budgeting,
acquisition, and management under section 3506(h), subtitle III of title 40, and related laws and guidance;
‘‘(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
‘‘(iv) preparation of the index of major information
systems required under section 552(g) of title 5, United
States Code; and
‘‘(v) preparation of information system inventories
required for records management under chapters 21, 29,
31, and 33.
‘‘(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.’’.
(3) Section 3506(g) of such title is amended—
(A) by adding ‘‘and’’ at the end of paragraph (1);
(B) in paragraph (2)—
(i) by striking ‘‘section 11332 of title 40’’ and inserting
‘‘subchapter II of this chapter’’; and
(ii) by striking ‘‘; and’’ and inserting a period; and
(C) by striking paragraph (3).
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, and 215
shall take effect on the date of enactment of this Act.
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(b) TITLES III AND IV.—Title III and this title shall take effect
on the date of enactment of this Act.
44 USC 3541
note.
Confidential
Information
Protection and
Statistical
Efficiency Act of
2002.
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PUBLIC LAW 107–347—DEC. 17 2002
TITLE V—CONFIDENTIAL INFORMATION
PROTECTION AND STATISTICAL EFFICIENCY
44 USC 3501
note.
SEC. 501. SHORT TITLE.
44 USC 3501
note.
SEC. 502. DEFINITIONS.
21:45 Jan 02, 2003
This title may be cited as the ‘‘Confidential Information Protection and Statistical Efficiency Act of 2002’’.
As used in this title:
(1) The term ‘‘agency’’ means any entity that falls within
the definition of the term ‘‘executive agency’’ as defined in
section 102 of title 31, United States Code, or ‘‘agency’’, as
defined in section 3502 of title 44, United States Code.
(2) The term ‘‘agent’’ means an individual—
(A)(i) who is an employee of a private organization
or a researcher affiliated with an institution of higher
learning (including a person granted special sworn status
by the Bureau of the Census under section 23(c) of title
13, United States Code), and with whom a contract or
other agreement is executed, on a temporary basis, by
an executive agency to perform exclusively statistical activities under the control and supervision of an officer or
employee of that agency;
(ii) who is working under the authority of a government
entity with which a contract or other agreement is executed
by an executive agency to perform exclusively statistical
activities under the control of an officer or employee of
that agency;
(iii) who is a self-employed researcher, a consultant,
a contractor, or an employee of a contractor, and with
whom a contract or other agreement is executed by an
executive agency to perform a statistical activity under
the control of an officer or employee of that agency; or
(iv) who is a contractor or an employee of a contractor,
and who is engaged by the agency to design or maintain
the systems for handling or storage of data received under
this title; and
(B) who agrees in writing to comply with all provisions
of law that affect information acquired by that agency.
(3) The term ‘‘business data’’ means operating and financial
data and information about businesses, tax-exempt organizations, and government entities.
(4) The term ‘‘identifiable form’’ means any representation
of information that permits the identity of the respondent to
whom the information applies to be reasonably inferred by
either direct or indirect means.
(5) The term ‘‘nonstatistical purpose’’—
(A) means the use of data in identifiable form for
any purpose that is not a statistical purpose, including
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any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges,
or benefits of a particular identifiable respondent; and
(B) includes the disclosure under section 552 of title
5, United States Code (popularly known as the Freedom
of Information Act) of data that are acquired for exclusively
statistical purposes under a pledge of confidentiality.
(6) The term ‘‘respondent’’ means a person who, or organization that, is requested or required to supply information to
an agency, is the subject of information requested or required
to be supplied to an agency, or provides that information to
an agency.
(7) The term ‘‘statistical activities’’—
(A) means the collection, compilation, processing, or
analysis of data for the purpose of describing or making
estimates concerning the whole, or relevant groups or
components within, the economy, society, or the natural
environment; and
(B) includes the development of methods or resources
that support those activities, such as measurement
methods, models, statistical classifications, or sampling
frames.
(8) The term ‘‘statistical agency or unit’’ means an agency
or organizational unit of the executive branch whose activities
are predominantly the collection, compilation, processing, or
analysis of information for statistical purposes.
(9) The term ‘‘statistical purpose’’—
(A) means the description, estimation, or analysis of
the characteristics of groups, without identifying the
individuals or organizations that comprise such groups;
and
(B) includes the development, implementation, or
maintenance of methods, technical or administrative procedures, or information resources that support the purposes
described in subparagraph (A).
SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
(a) IN GENERAL.—The Director of the Office of Management
and Budget shall coordinate and oversee the confidentiality and
disclosure policies established by this title. The Director may
promulgate rules or provide other guidance to ensure consistent
interpretation of this title by the affected agencies.
(b) AGENCY RULES.—Subject to subsection (c), agencies may
promulgate rules to implement this title. Rules governing disclosures of information that are authorized by this title shall be
promulgated by the agency that originally collected the information.
(c) REVIEW AND APPROVAL OF RULES.—The Director shall review
any rules proposed by an agency pursuant to this title for consistency with the provisions of this title and chapter 35 of title 44,
United States Code, and such rules shall be subject to the approval
of the Director.
(d) REPORTS.—
(1) The head of each agency shall provide to the Director
of the Office of Management and Budget such reports and
other information as the Director requests.
(2) Each Designated Statistical Agency referred to in section 522 shall report annually to the Director of the Office
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of Management and Budget, the Committee on Government
Reform of the House of Representatives, and the Committee
on Governmental Affairs of the Senate on the actions it has
taken to implement sections 523 and 524. The report shall
include copies of each written agreement entered into pursuant
to section 524(a) for the applicable year.
(3) The Director of the Office of Management and Budget
shall include a summary of reports submitted to the Director
under paragraph (2) and actions taken by the Director to
advance the purposes of this title in the annual report to
the Congress on statistical programs prepared under section
3504(e)(2) of title 44, United States Code.
44 USC 3501
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SEC. 504. EFFECT ON OTHER LAWS.
(a) TITLE 44, UNITED STATES CODE.—This title, including
amendments made by this title, does not diminish the authority
under section 3510 of title 44, United States Code, of the Director
of the Office of Management and Budget to direct, and of an
agency to make, disclosures that are not inconsistent with any
applicable law.
(b) TITLE 13 AND TITLE 44, UNITED STATES CODE.—This title,
including amendments made by this title, does not diminish the
authority of the Bureau of the Census to provide information in
accordance with sections 8, 16, 301, and 401 of title 13, United
States Code, and section 2108 of title 44, United States Code.
(c) TITLE 13, UNITED STATES CODE.—This title, including
amendments made by this title, shall not be construed as authorizing the disclosure for nonstatistical purposes of demographic data
or information collected by the Census Bureau pursuant to section
9 of title 13, United States Code.
(d) VARIOUS ENERGY STATUTES.—Data or information acquired
by the Energy Information Administration under a pledge of confidentiality and designated by the Energy Information Administration to be used for exclusively statistical purposes shall not be
disclosed in identifiable form for nonstatistical purposes under—
(1) section 12, 20, or 59 of the Federal Energy Administration Act of 1974 (15 U.S.C. 771, 779, 790h);
(2) section 11 of the Energy Supply and Environmental
Coordination Act of 1974 (15 U.S.C. 796); or
(3) section 205 or 407 of the Department of the Energy
Organization Act of 1977 (42 U.S.C. 7135, 7177).
(e) SECTION 201 OF CONGRESSIONAL BUDGET ACT OF 1974.—
This title, including amendments made by this title, shall not
be construed to limit any authorities of the Congressional Budget
Office to work (consistent with laws governing the confidentiality
of information the disclosure of which would be a violation of
law) with databases of Designated Statistical Agencies (as defined
in section 522), either separately or, for data that may be shared
pursuant to section 524 of this title or other authority, jointly
in order to improve the general utility of these databases for the
statistical purpose of analyzing pension and health care financing
issues.
(f) PREEMPTION OF STATE LAW.—Nothing in this title shall
preempt applicable State law regarding the confidentiality of data
collected by the States.
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(g) STATUTES REGARDING FALSE STATEMENTS.—Notwithstanding section 512, information collected by an agency for exclusively statistical purposes under a pledge of confidentiality may
be provided by the collecting agency to a law enforcement agency
for the prosecution of submissions to the collecting agency of false
statistical information under statutes that authorize criminal penalties (such as section 221 of title 13, United States Code) or
civil penalties for the provision of false statistical information,
unless such disclosure or use would otherwise be prohibited under
Federal law.
(h) CONSTRUCTION.—Nothing in this title shall be construed
as restricting or diminishing any confidentiality protections or penalties for unauthorized disclosure that otherwise apply to data
or information collected for statistical purposes or nonstatistical
purposes, including, but not limited to, section 6103 of the Internal
Revenue Code of 1986 (26 U.S.C. 6103).
(i) AUTHORITY OF CONGRESS.—Nothing in this title shall be
construed to affect the authority of the Congress, including its
committees, members, or agents, to obtain data or information
for a statistical purpose, including for oversight of an agency’s
statistical activities.
Subtitle A—Confidential Information
Protection
SEC. 511. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Individuals, businesses, and other organizations have
varying degrees of legal protection when providing information
to the agencies for strictly statistical purposes.
(2) Pledges of confidentiality by agencies provide assurances to the public that information about individuals or
organizations or provided by individuals or organizations for
exclusively statistical purposes will be held in confidence and
will not be used against such individuals or organizations in
any agency action.
(3) Protecting the confidentiality interests of individuals
or organizations who provide information under a pledge of
confidentiality for Federal statistical programs serves both the
interests of the public and the needs of society.
(4) Declining trust of the public in the protection of information provided under a pledge of confidentiality to the agencies
adversely affects both the accuracy and completeness of statistical analyses.
(5) Ensuring that information provided under a pledge
of confidentiality for statistical purposes receives protection
is essential in continuing public cooperation in statistical programs.
(b) PURPOSES.—The purposes of this subtitle are the following:
(1) To ensure that information supplied by individuals or
organizations to an agency for statistical purposes under a
pledge of confidentiality is used exclusively for statistical purposes.
(2) To ensure that individuals or organizations who supply
information under a pledge of confidentiality to agencies for
statistical purposes will neither have that information disclosed
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in identifiable form to anyone not authorized by this title nor
have that information used for any purpose other than a statistical purpose.
(3) To safeguard the confidentiality of individually identifiable information acquired under a pledge of confidentiality
for statistical purposes by controlling access to, and uses made
of, such information.
44 USC 3501
note.
SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND
INFORMATION.
(a) USE OF STATISTICAL DATA OR INFORMATION.—Data or
information acquired by an agency under a pledge of confidentiality
and for exclusively statistical purposes shall be used by officers,
employees, or agents of the agency exclusively for statistical purposes.
(b) DISCLOSURE OF STATISTICAL DATA OR INFORMATION.—
(1) Data or information acquired by an agency under a
pledge of confidentiality for exclusively statistical purposes shall
not be disclosed by an agency in identifiable form, for any
use other than an exclusively statistical purpose, except with
the informed consent of the respondent.
(2) A disclosure pursuant to paragraph (1) is authorized
only when the head of the agency approves such disclosure
and the disclosure is not prohibited by any other law.
(3) This section does not restrict or diminish any confidentiality protections in law that otherwise apply to data or
information acquired by an agency under a pledge of confidentiality for exclusively statistical purposes.
(c) RULE FOR USE OF DATA OR INFORMATION FOR NONSTATISTICAL PURPOSES.—A statistical agency or unit shall clearly distinguish any data or information it collects for nonstatistical purposes
(as authorized by law) and provide notice to the public, before
the data or information is collected, that the data or information
could be used for nonstatistical purposes.
(d) DESIGNATION OF AGENTS.—A statistical agency or unit may
designate agents, by contract or by entering into a special agreement
containing the provisions required under section 502(2) for treatment as an agent under that section, who may perform exclusively
statistical activities, subject to the limitations and penalties
described in this title.
44 USC 3501
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SEC. 513. FINES AND PENALTIES.
Whoever, being an officer, employee, or agent of an agency
acquiring information for exclusively statistical purposes, having
taken and subscribed the oath of office, or having sworn to observe
the limitations imposed by section 512, comes into possession of
such information by reason of his or her being an officer, employee,
or agent and, knowing that the disclosure of the specific information
is prohibited under the provisions of this title, willfully discloses
the information in any manner to a person or agency not entitled
to receive it, shall be guilty of a class E felony and imprisoned
for not more than 5 years, or fined not more than $250,000, or
both.
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PUBLIC LAW 107–347—DEC. 17 2002
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Subtitle B—Statistical Efficiency
SEC. 521. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Federal statistics are an important source of information
for public and private decision-makers such as policymakers,
consumers, businesses, investors, and workers.
(2) Federal statistical agencies should continuously seek
to improve their efficiency. Statutory constraints limit the
ability of these agencies to share data and thus to achieve
higher efficiency for Federal statistical programs.
(3) The quality of Federal statistics depends on the willingness of businesses to respond to statistical surveys. Reducing
reporting burdens will increase response rates, and therefore
lead to more accurate characterizations of the economy.
(4) Enhanced sharing of business data among the Bureau
of the Census, the Bureau of Economic Analysis, and the
Bureau of Labor Statistics for exclusively statistical purposes
will improve their ability to track more accurately the large
and rapidly changing nature of United States business. In
particular, the statistical agencies will be able to better ensure
that businesses are consistently classified in appropriate industries, resolve data anomalies, produce statistical samples that
are consistently adjusted for the entry and exit of new
businesses in a timely manner, and correct faulty reporting
errors quickly and efficiently.
(5) The Congress enacted the International Investment and
Trade in Services Act of 1990 that allowed the Bureau of
the Census, the Bureau of Economic Analysis, and the Bureau
of Labor Statistics to share data on foreign-owned companies.
The Act not only expanded detailed industry coverage from
135 industries to over 800 industries with no increase in the
data collected from respondents but also demonstrated how
data sharing can result in the creation of valuable data products.
(6) With subtitle A of this title, the sharing of business
data among the Bureau of the Census, the Bureau of Economic
Analysis, and the Bureau of Labor Statistics continues to ensure
the highest level of confidentiality for respondents to statistical
surveys.
(b) PURPOSES.—The purposes of this subtitle are the following:
(1) To authorize the sharing of business data among the
Bureau of the Census, the Bureau of Economic Analysis, and
the Bureau of Labor Statistics for exclusively statistical purposes.
(2) To reduce the paperwork burdens imposed on businesses
that provide requested information to the Federal Government.
(3) To improve the comparability and accuracy of Federal
economic statistics by allowing the Bureau of the Census, the
Bureau of Economic Analysis, and the Bureau of Labor Statistics to update sample frames, develop consistent classifications
of establishments and companies into industries, improve coverage, and reconcile significant differences in data produced
by the three agencies.
(4) To increase understanding of the United States
economy, especially for key industry and regional statistics,
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to develop more accurate measures of the impact of technology
on productivity growth, and to enhance the reliability of the
Nation’s most important economic indicators, such as the
National Income and Product Accounts.
44 USC 3501
note.
SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
44 USC 3501
note.
SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.
44 USC 3501
note.
SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL AGENCIES.
For purposes of this subtitle, the term ‘‘Designated Statistical
Agency’’ means each of the following:
(1) The Bureau of the Census of the Department of Commerce.
(2) The Bureau of Economic Analysis of the Department
of Commerce.
(3) The Bureau of Labor Statistics of the Department of
Labor.
The head of each of the Designated Statistical Agencies shall—
(1) identify opportunities to eliminate duplication and
otherwise reduce reporting burden and cost imposed on the
public in providing information for statistical purposes;
(2) enter into joint statistical projects to improve the quality
and reduce the cost of statistical programs; and
(3) protect the confidentiality of individually identifiable
information acquired for statistical purposes by adhering to
safeguard principles, including—
(A) emphasizing to their officers, employees, and agents
the importance of protecting the confidentiality of information in cases where the identity of individual respondents
can reasonably be inferred by either direct or indirect
means;
(B) training their officers, employees, and agents in
their legal obligations to protect the confidentiality of
individually identifiable information and in the procedures
that must be followed to provide access to such information;
(C) implementing appropriate measures to assure the
physical and electronic security of confidential data;
(D) establishing a system of records that identifies
individuals accessing confidential data and the project for
which the data were required; and
(E) being prepared to document their compliance with
safeguard principles to other agencies authorized by law
to monitor such compliance.
(a) IN GENERAL.—A Designated Statistical Agency may provide
business data in an identifiable form to another Designated Statistical Agency under the terms of a written agreement among the
agencies sharing the business data that specifies—
(1) the business data to be shared;
(2) the statistical purposes for which the business data
are to be used;
(3) the officers, employees, and agents authorized to
examine the business data to be shared; and
(4) appropriate security procedures to safeguard the confidentiality of the business data.
(b) RESPONSIBILITIES OF AGENCIES UNDER OTHER LAWS.—The
provision of business data by an agency to a Designated Statistical
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Agency under this subtitle shall in no way alter the responsibility
of the agency providing the data under other statutes (including
section 552 of title 5, United States Code (popularly known as
the Freedom of Information Act), and section 552b of title 5, United
States Code (popularly known as the Privacy Act of 1974)) with
respect to the provision or withholding of such information by
the agency providing the data.
(c) RESPONSIBILITIES OF OFFICERS, EMPLOYEES, AND AGENTS.—
Examination of business data in identifiable form shall be limited
to the officers, employees, and agents authorized to examine the
individual reports in accordance with written agreements pursuant
to this section. Officers, employees, and agents of a Designated
Statistical Agency who receive data pursuant to this subtitle shall
be subject to all provisions of law, including penalties, that relate—
(1) to the unlawful provision of the business data that
would apply to the officers, employees, and agents of the agency
that originally obtained the information; and
(2) to the unlawful disclosure of the business data that
would apply to officers, employees, and agents of the agency
that originally obtained the information.
(d) NOTICE.—Whenever a written agreement concerns data that
respondents were required by law to report and the respondents
were not informed that the data could be shared among the Designated Statistical Agencies, for exclusively statistical purposes,
the terms of such agreement shall be described in a public notice
issued by the agency that intends to provide the data. Such notice
shall allow a minimum of 60 days for public comment.
SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DESIGNATED STATISTICAL AGENCIES.
Public
information.
44 USC 3501
note.
(a) USE, GENERALLY.—Business data provided by a Designated
Statistical Agency pursuant to this subtitle shall be used exclusively
for statistical purposes.
(b) PUBLICATION.—Publication of business data acquired by a
Designated Statistical Agency shall occur in a manner whereby
the data furnished by any particular respondent are not in identifiable form.
SEC. 526. CONFORMING AMENDMENTS.
(a) DEPARTMENT OF COMMERCE.—Section 1 of the Act of
January 27, 1938 (15 U.S.C. 176a) is amended by striking ‘‘The’’
and inserting ‘‘Except as provided in the Confidential Information
Protection and Statistical Efficiency Act of 2002, the’’.
(b) TITLE 13.—Chapter 10 of title 13, United States Code,
is amended—
(1) by adding after section 401 the following:
44 USC 3501
note.
‘‘§ 402. Providing business data to Designated Statistical
Agencies
‘‘The Bureau of the Census may provide business data to the
Bureau of Economic Analysis and the Bureau of Labor Statistics
(‘Designated Statistical Agencies’) if such information is required
for an authorized statistical purpose and the provision is the subject
of a written agreement with that Designated Statistical Agency,
or their successors, as defined in the Confidential Information
Protection and Statistical Efficiency Act of 2002.’’; and
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(2) in the table of sections for the chapter by adding after
the item relating to section 401 the following:
‘‘402. Providing business data to Designated Statistical Agencies.’’.
Approved December 17, 2002.
LEGISLATIVE HISTORY—H.R. 2458 (S. 803):
HOUSE REPORTS: No. 107–787, Pt. 1 (Comm. on Government Reform).
SENATE REPORTS: No. 107–174 accompanying S. 803 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Nov. 14, considered and passed House.
Nov. 15, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Dec. 17, Presidential statement.
Æ
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| File Type | application/pdf |
| File Modified | 2012-03-20 |
| File Created | 2003-01-21 |