> TO: Agency Heads DRAFT 7/10/02
>
> FROM: Ira L. Hobbs
>
> Acting Chief Information Officer
>
> SUBJECT: eGovernment and Other Legal Implications of the 2002 Farm
> Bill

The enactment of the Farm Security and Rural Investment Act of 2002
(Farm Bill) broadly impacts USDA program delivery from a variety of
perspectives. As agencies organize teams to address the varying
requirements of the Farm Bill, the Office of the Chief Information
Officer (OCIO) wants to work collaboratively with you to ensure USDA
meets the mandates of the President's Management Agenda (PMA) and
compliance with specific laws. The purpose of this memorandum is to
remind agencies to support the PMA by integrating electronic options for
service delivery as program changes are made and new programs are
designed. Additionally, this memorandum is a reminder of the legal
requirements of the Clinger Cohen Act (CCA), Paperwork Reduction Act
(PRA), Federal Records Act, and the Privacy Act that must be addressed
during the implementation process.

The attached document provides pertinent information for your staff
about the Administration's direction regarding electronic government and
USDA's effort in that regard well as a brief summary of several laws
that should be considered as implementation plans for the Farm Bill are
developed. An overview of each item included in the attachment is
provided below.

**[eGovernment]{.underline}**

*Expanded Electronic Government* is one of the five key elements in the
President's Management Agenda. This goal essentially requires USDA to
engage in interdepartmental and interagency collaborations to 1)
eliminate redundant investments across agencies; and, 2) deliver
information and services from our customers' perspective, not how we are
organized. Secretary Veneman's commitment "to provide faster, more
efficient and accurate services to the Nation's farmers" has been
documented in various news releases and other public statements issued
since enactment of the Farm Bill. Your leadership is necessary as the
various work teams contemplate options for creating and changing the way
services are delivered to our customers and to communicate eGovernment
as a priority.

**[Clinger-Cohen Act]{.underline}**

As we move forward to implement the provisions of the Farm Bill, we must
also continue to comply with the Clinger-Cohen Act requirements. From
the CCA perspective, it is most important to remember that as we design
and develop systems to support Farm Bill requirements, we must do so
within the context of USDA's investment management processes as well as
its evolving enterprise architecture.

**[Paperwork Reduction Act]{.underline}**

The Paperwork Reduction Act (PRA) requires agencies to seek approval
from the Office of Management and Budget (OMB) for all collections of
information from the public. In planning for the development of new
collections of information and the revision or extension of ongoing
collections, the PRA directs agencies to ensure that the minimum burden
is placed on the public.

The standard timeline for seeking approval from OMB of new information
collections or changes to existing collections is approximately 6
months. To accommodate the expedited schedule many agencies have
identified for implementing the Farm Bill, OCIO is prepared to requests
emergency processing from OMB on behalf of agencies. However, a full
understanding of the number and timing of such requests must be
determined for the entire Department before a single request is
submitted.

Please direct your staff to provide additional limited information
related to Farm Bill regulations as described in the attachment. This
information will allow OCIO staff to determine emergency approval
requirements and devote the appropriate internal resources to processing
all information collection approval request submissions in a timely
manner.

**[Federal Records Act]{.underline}**

Guidance from OMB regarding recordkeeping requirements notes, "These
electronic systems must protect the information\'s confidentiality,
ensure that the information is not altered in an unauthorized way, and
make it available when needed. A corresponding policy and management
structure must support the hardware and software that delivers these
services." Agencies must consider their recordkeeping requirements and
responsibilities under the Federal Records Act for all electronic
records.

**[Privacy Act]{.underline}**

The Privacy Act of 1974 requires agencies to publish in the Federal
Register a System of Records Notice. This System of Records Notice
pertains to any agency that maintains records from which information is
retrieved by the name of the individual, or by some identifying number,
symbol, or other identifying particular assigned to the individual.

As regulations for implementing provisions of the Farm Bill are
processed for clearance by the Acting CIO, it will be determined if we
are meeting the Department's eGovernment goals and objectives and the
requirements of the CCA, PRA, the Federal Records Act, and the Privacy
Act. Regulations that do not meet these mandates will require further
discussion. We understand the additional workload the implementation of
the Farm Bill presents and are anxious to help each agency in meeting
legislated deadlines. Please call or have a member of your staff contact
Gregory Parham at 202 720-2525 or

Chris Niedermayer at 202 690-2118 if you have any questions.

cc: Agency Information Collection Coordinators

Agency eGovernment Working Group Members

Agency Records Management Officers

Agency Privacy Act Officers

Agency Regulatory Contacts

Attachment

/media/pszemraj/PeterTrove/project-files/DATA/ms-word-files/big-DOC/935746.doc

**Attachment**

**eGovernment and Other Legal Implications of the 2002 Farm Bill**

Given the broad impact the Farm Security and Rural Investment Act of
2002 (Farm Bill) has on USDA, many organizations will play a role in
effectively and efficiently implementing the various requirements. The
Office of the Chief Information Officer (OCIO) would like to partner
with all affected agencies to ensure that the Department meets the
mandates of the President's Management Agenda (PMA) and compliance with
specific laws. Areas that agencies should consider are outlined below.
Included in each description is an OCIO point of contact that can assist
agency personnel with questions or concerns as strategies for
implementing the Farm Bill are developed.

**[eGovernment]{.underline}**

*Expanded Electronic Government* is one of the five key elements in the
President's Management Agenda. This goal essentially requires USDA to
engage in interdepartmental and interagency collaborations to 1)
eliminate redundant investments across agencies; and, 2) deliver
information and services from our customers' perspective, not how we are
organized. Implementation of eGovernment includes the requirements of
the Freedom to E-File Act and the Government Paperwork Elimination Act
(GPEA). These legislated mandates direct USDA and all Federal agencies,
respectively, to provide public access to government services and
documents, and to provide the public the option of submitting government
forms electronically. GPEA also requires Federal agencies to maintain
the records of these transactions electronically, when practicable, as a
substitute for paper.

Since October, 2001, the Deputy Secretary and the Acting Chief
Information Officer, with management support from USDA's interagency
eGovernment Executive Council, have led the Department's transformation
to a citizen-centric electronic service provider through USDA's
eGovernment Program. USDA's eGovernment Working Group, comprised of
agency eGovernment leaders, supports the efforts of the Executive
Council. A cornerstone of the program is the eGovernment Strategic Plan.
The Plan outlines the Department's eGovernment mission, vision, goals
and objectives for transitioning away from solely traditional
paper-based processes and single-agency service delivery approaches.

Secretary Veneman's commitment "to provide faster, more efficient and
accurate services to the Nation's farmers" has been documented in
various news releases and other public statements issued since enactment
of the Farm Bill. Furthermore, the Secretary recently implemented new
performance standards for USDA's senior executives that establish new
accountability criteria that specifically target the goals and
objectives of the Department's eGovernment Strategic Plan.

The program changes that will result from implementation of the Farm
Bill represent solid opportunities for meeting the Department's
eGovernment vision, "***USDA, electronically available any place, any
time."*** Your leadership is necessary to establish eGovernment as a
priority as the various work teams contemplate options for creating and
changing the way services are delivered to our customers. Agencies need
to involve their eGovernment Executive Council members or their
eGovernment Working Group representatives in the implementation process
to assist in meeting these goals. The OCIO point of contact for general
eGovernment assistance is Barbara LaCour (690-2118).

**[Clinger-Cohen Act]{.underline}**

As provisions of the Farm Bill are implemented, it is important that
Clinger-Cohen Act (CCA) requirements are complied with. From the CCA
perspective, it is most important to remember that as systems are
designed and developed to support Farm Bill requirements, it be done so
within the context of USDA's investment management processes as well as
its evolving enterprise architecture. The Farm Bill contains specific
language concerning development of information systems and improving
information management. In implementing these requirements, OCIO will
work with agencies to ensure that major investments supporting the Farm
Bill are identified and business cases supporting those investments are
developed within the timeframes set for Farm Bill implementation.

The enactment of the Farm Bill focuses attention on the need for modern
technology delivery systems in the field. Infrastructure for program
delivery is a mission critical investment related to farm bill
implementation. For this reason, OCIO will redesignate the Farm Service
Agency's migration to the Service Center Platform as a major investment.
As such, it will require business case development and will be reviewed
by the Executive Information Technology Investment Review Board
(EITIRB).

Farm Bill business requirements, supporting data, and information
technology systems will form a critical component of our USDA Enterprise
Architecture (EA). As the business, information and technology
requirements are determined and documented, these must be captured as a
part of the EA. The OCIO point of contact for additional information
about the Clinger-Cohen Act is Marilyn Holland (720-3745).

**[Paperwork Reduction Act]{.underline}**

The Paperwork Reduction Act (PRA) requires agencies to seek approval
from the Office of Management and Budget (OMB) for all collections of
information from the public. In planning for the development of new
collections of information and the revision or extension of ongoing
collections, the PRA directs agencies to ensure that the minimum burden
is placed on the public. If an agency currently has approval to collect
information in support of a given program area, any changes to the
information collection must be reviewed and approved by OMB. This
includes providing online access to forms that were previously approved
for paper-based use and formally canceling any existing information
collections that are exempted by or no longer needed.

The standard timeline for seeking approval from OMB of new information
collections or changes to existing collections is approximately 6
months. In situations where pursuing the normal clearance and approval
procedures is reasonably likely to prevent or disrupt the collection of
information or is reasonably likely to cause a statutory or court
ordered deadline to be missed, an agency may request emergency
processing of an approval. OCIO is prepared to request emergency
processing on behalf of agencies that have identified the need for an
expedited schedule to implement the Farm Bill. However, a full
understanding of the number and timing of such requests must be
determined for the entire Department before a single request is
submitted.

Accordingly, an electronic copy of the Consolidated Regulatory Priority
List of Farm Bill and Non-Farm Bill Regulations previously prepared and
submitted to the Office of Budget and Program Analysis (OBPA) is
attached. Using this file as a starting point, OCIO requests each agency
provide a small amount of additional data. For each anticipated
regulatory item, regardless of the stage, please add 3 columns and
complete as follows:

1)  **OMB Control Number** -- Enter the OMB control number(s) of the
    affected information collection(s). If a new information collection
    will be created as a result of implementing the regulation, enter
    "NEW".

2)  **Exempt/Non-Exempt from PRA** - Indicate whether the Farm Bill
    provides for an exemption from the PRA for implementing the required
    provisions by entering EXEMPT or NON-EXEMPT .

3)  **Emergency Approval (Y/N)** - If the answer to item 2 was
    NON-EXEMPT, please indicate by yes or no whether the agency will
    need emergency approval from OMB to begin collecting information
    from the public.

Please submit a completed version of the updated Consolidated Regulatory
Priority List electronically to Nancy Sternberg
(<nancy.sternberg@usda.gov>) of OCIO's eGovernment Program by close of
business Friday, July 26th. This information will allow OCIO staff to
determine emergency approval requirements and devote the appropriate
internal resources to processing all information collection approval
requests in a timely manner. Ms. Sternberg is also OCIO's point of
contact for assistance with the Paperwork Reduction Act. She can be
reach by phone at (202) 720-6746.

Agencies that received Farm Bill exemptions from the PRA for the
implementation and/or administration of programs are reminded that
compliance with the Freedom to E-File Act and GPEA is still required.
Accordingly, agencies that begin new information collections without OMB
approval or remove information collections from the OMB inventory must
develop a separate mechanism for tracking those collections. The
mechanism must identify the program supported, the burden imposed on the
public, forms used in the collection of information, and the date(s) an
electronic option was offered to the public.

**[Federal Records Act]{.underline}**

Guidance from OMB regarding recordkeeping requirements notes, "These
electronic systems must protect the information\'s confidentiality,
ensure that the information is not altered in an unauthorized way, and
make it available when needed. A corresponding policy and management
structure must support the hardware and software that delivers these
services." This ties directly to the recordkeeping requirements. OMB
further notes the role of the National Archives and Records
Administration in working with the agencies to address the creation,
maintenance, preservation, and disposal of Federal records that are
associated with electronic government transactions. Agencies must comply
with their recordkeeping responsibilities under the Federal Records Act
for these electronic records. The OCIO point of contact for assistance
with the Federal Records Act is Bette Fugitt. Ms. Fugitt can be reached
by phone at (202) 720-8020 or via e-mail at bette.fugitt@usda.gov.

**[Privacy Act]{.underline}**

The Privacy Act of 1974, 5 U.S.C., Section 552a, paragraph (e) requires
agencies to publish a System of Records Notice in the Federal Register.
This System of Records Notice pertains to any agency that maintains
records from which information is retrieved by the name of the
individual, or by some identifying number, symbol, or other identifying
particular assigned to the individual. The Notice details what
information is maintained, how it is stored, retrieved, accessed,
retained, and disposed. The Act applies to any system of records whether
paper or electronic. The OCIO point of contact for assistance with the
Privacy Act is Howard Baker. Mr. Baker can be reached by phone at (202)
720-8657 or via e-mail at howard.baker@usda.gov.