shall convene a multiagency technical assistance team to 
assist in screening proposals submitted to the Adminis-
trator to provide unique and innovative solutions to facili-
tate the development and enhancement of electronic Govern-
ment 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 pro-
posals. 
‘‘(2) The technical assistance team shall—
‘‘(A) assess the feasibility, scientific and tech-
nical 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 con-
sider recommending appropriate proposals for funding 
under the E-Government Fund established under section 
3604 or, if appropriate, forward the proposal and the as-
sessment 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 Com-
mittee on Governmental Affairs of the Senate and the Com-
mittee on Government Reform of the House of Representa-
tives. 
‘‘(b) The report under subsection (a) shall contain—
‘‘(1) a summary of the information reported by 
agencies under section 202(f) of the E-Government 
Act of 2002; 
‘‘(2) the information required to be reported by 
section 3604(f); and 
‘‘(3) a description of compliance by the Federal 
Government with other goals and provisions of the E-
Government Act of 2002.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of chapters for title 44, United States Code, is amend-
ed by inserting after the item relating to chapter 35 the 
following:
‘‘36. Management and Promotion of Electronic Govern-
ment Services ............................................................... 3601’’.
SEC. 102. CONFORMING AMENDMENTS. 
(a) ELECTRONIC GOVERNMENT
AND INFORMATION 
TECHNOLOGIES.—
(1) IN GENERAL.—Chapter 3 of title 40, United 
States Code, is amended by inserting after section 304 
the following new section: 
‘‘§ 305. Electronic Government and information tech-
nologies 
‘‘The Administrator of General Services shall consult 
with the Administrator of the Office of Electronic Govern-
ment on programs undertaken by the General Services Ad-
ministration to promote electronic Government and the effi-
cient use of information technologies by Federal agencies.’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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 MAN-
AGEMENT 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 fol-
lowing: 
‘‘(5) Chair the Chief Information Officers Coun-
cil 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
AMEND-
MENT.—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 
MANAGE-
MENT AND PROMOTION OF 
ELECTRONIC 
GOVERNMENT 
SERVICES 
SEC. 201. DEFINITIONS. 
Except as otherwise provided, in this title the defini-
tions under sections 3502 and 3601 of title 44, United 
States Code, shall apply. 
SEC. 202. FEDERAL AGENCY RESPONSIBILITIES. 
(a) IN GENERAL.—The head of each agency shall be 
responsible for—
(1) complying with the requirements of this Act 
(including the amendments made by this Act), the re-
lated 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 man-
agement policies and guidance established under this 
Act by the Director, and the information technology 
standards promulgated under this Act by the Sec-
retary 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 Govern-
ment 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 com-
mercial 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 collec-
tively in linking their performance goals to groups 
identified under paragraph (4) and shall use infor-
mation technology in delivering Government informa-
tion and services to those groups. 
(c) AVOIDING DIMINISHED ACCESS.—When promul-
gating 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 prac-
ticable—
(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 ac-
cess to the Internet. 
(d) ACCESSIBILITY TO PEOPLE WITH DISABILITIES.—
All actions taken by Federal departments and agencies
under this Act shall be in compliance with section 508 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794d). 
(e) SPONSORED ACTIVITIES.—Agencies shall sponsor 
activities that use information technology to engage the 
public in the development and implementation of policies 
and programs. 
(f) CHIEF INFORMATION OFFICERS.—The Chief Infor-
mation 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 stand-
ards promulgated under this Act by the Secretary of 
Commerce, 
including 
common 
standards 
for 
interconnectivity and interoperability, categorization 
of Federal Government electronic information, and 
computer system efficiency and security.
(g) E-GOVERNMENT STATUS REPORT.—
(1) IN
GENERAL.—Each agency shall compile 
and submit to the Director an annual E-Government 
Status Report on— 
(A) the status of the implementation by the 
agency of electronic government initiatives; 
(B) compliance by the agency with this Act; 
and 
(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 re-
quirements; and 
(C) which addresses any section in this title 
relevant to that agency. 
(h) USE OF TECHNOLOGY.—Nothing in this Act super-
sedes the responsibility of an agency to use or manage infor-
mation 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. 
SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METH-
ODS FOR USE AND ACCEPTANCE OF ELEC-
TRONIC SIGNATURES. 
(a) PURPOSE.—The purpose of this section is to 
achieve interoperable implementation of electronic signa-
tures 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 compat-
ible with the relevant policies and procedures issued by the 
Director. 
(c) AUTHORITY FOR ELECTRONIC SIGNATURES.—The 
Administrator of General Services shall support the Direc-
tor by establishing a framework to allow efficient interoper-
ability among Executive agencies when using electronic sig-
natures, including processing of digital signatures. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the General Services Ad-
ministration, to ensure the development and operation of 
a Federal bridge certification authority for digital signa-
ture 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 Ad-
ministration and other agencies to maintain and pro-
mote an integrated Internet-based system of providing 
the public with access to Government information and 
services. 
(2) CRITERIA.—To the extent practicable, the in-
tegrated system shall be designed and operated ac-
cording to the following criteria: 
(A) The provision of Internet-based Govern-
ment information and services directed to key 
groups, including citizens, business, and other 
governments, and integrated according to func-
tion or topic rather than separated according to 
the boundaries of agency jurisdiction. 
(B) An ongoing effort to ensure that Inter-
net-based Government services relevant to a 
given citizen activity are available from a single 
point. 
(C) Access to Federal Government informa-
tion and services consolidated, as appropriate, 
with Internet-based information and services 
provided by State, local, and tribal governments. 
(D) Access to Federal Government informa-
tion 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 Ad-
ministration $15,000,000 for the maintenance, improve-
ment, and promotion of the integrated Internet-based sys-
tem 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 dis-
trict, and the chief bankruptcy judge of each district shall 
establish with respect to the Supreme Court or the respective
court of appeals, district, or bankruptcy court of a district, 
a website that contains the following information or links 
to websites with the following information:
(1) Location and contact information for the 
courthouse, including the telephone numbers and con-
tact 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 jus-
tice or judge in that court. 
(4) Access to docket information for each case. 
(5) Access to the substance of all written opin-
ions issued by the court, regardless of whether such 
opinions are to be published in the official court re-
porter, in a text searchable format. 
(6) Access to all documents filed with the court-
house in electronic form, described under subsection 
(c). 
(7) Any other information (including forms in a 
format that can be downloaded) that the court deter-
mines 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 ef-
fective date of this section shall remain available on-
line. 
(c) ELECTRONIC FILINGS.— 
(1) IN
GENERAL.—Except as provided under 
paragraph (2), each court shall make any document 
that is filed electronically publicly available online. A 
court may convert any document that is filed in 
paper form to electronic form. To the extent such con-
versions 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 doc-
uments filed under seal, shall not be made available 
online. 
(3) PRIVACY AND SECURITY CONCERNS.—The Ju-
dicial Conference of the United States may promul-
gate rules under this subsection to protect important 
privacy and security concerns.
(d) DOCKETS WITH LINKS TO DOCUMENTS.—The Ju-
dicial Conference of the United States shall explore the fea-
sibility of technology to post online dockets with links allow-
ing all filings, decisions, and rulings in each case to be ob-
tained from the docket sheet of that case. 
(e) COST OF PROVIDING ELECTRONIC DOCKETING IN-
FORMATION.—Section 303(a) of the Judiciary Appropria-
tions 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 sub-
section (a) shall be established, except that access to docu-
ments 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, dis-
trict, or the bankruptcy court of a district. 
(ii) CONTENTS.—A notification sub-
mitted 
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 Su-
preme 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 ef-
fective 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 notifica-
tions.
SEC. 206. REGULATORY AGENCIES. 
(a) PURPOSES.—The purposes of this section are to—
(1) improve performance in the development and 
issuance of agency regulations by using information 
technology to increase access, accountability, and 
transparency; and 
(2) enhance public participation in Government 
by electronic means, consistent with requirements 
under subchapter II of chapter 5 of title 5, United 
States 
Code, 
(commonly 
referred 
to 
as 
the 
‘‘Administrative Procedures Act’’). 
(b) INFORMATION PROVIDED BY AGENCIES ONLINE.—
To the extent practicable as determined by the agency in 
consultation with the Director, each agency (as defined 
under section 551 of title 5, United States Code) shall en-
sure 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 ex-
tent 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 Di-
rector, agencies shall ensure that a publicly accessible 
Federal Government website contains electronic dock-
ets for rulemakings under section 553 of title 5, 
United States Code. 
(2) INFORMATION AVAILABLE.—Agency electronic 
dockets shall make publicly available online to the ex-
tent practicable, as determined by the agency in con-
sultation 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 es-
tablished by the Director and reported to Congress in the
first annual report under section 3606 of title 44 (as added 
by this Act). 
SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION 
OF GOVERNMENT INFORMATION. 
(a) PURPOSE.—The purpose of this section is to im-
prove the methods by which Government information, in-
cluding information on the Internet, is organized, pre-
served, and made accessible to the public. 
(b) DEFINITIONS.—In this section, the term—
(1) ‘‘Committee’’ means the Interagency Com-
mittee 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 Govern-
ment Information.
(2) MEMBERSHIP.—The Committee shall be 
chaired by the Director or the designee of the Director 
and—
(A) shall include representatives from—
(i) the National Archives and Records 
Administration; 
(ii) the offices of the Chief Information 
Officers from Federal agencies; and 
(iii) other relevant officers from the ex-
ecutive 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 advo-
cacy organizations; 
(B) conduct studies and submit rec-
ommendations, as provided under this section, to 
the Director and Congress; and 
(C) share effective practices for access to, 
dissemination of, and retention of Federal infor-
mation. 
(4) TERMINATION.—The Committee may be ter-
minated on a date determined by the Director, except
the Committee may not terminate before the Com-
mittee 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 Com-
mittee 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 Govern-
ment information—
(i) in a way that is searchable elec-
tronically, including by searchable identi-
fiers; and 
(iii) in ways that are interoperable 
across agencies; 
(B) the definition of categories of Govern-
ment 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 poli-
cies—
(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 elec-
tronically, including by searchable identi-
fiers;
(ii) in ways that are interoperable 
across agencies; and 
(iii) that are, as appropriate, con-
sistent with the standards promulgated by 
the Secretary of Commerce under section 
3602(f)(8) of title 44, United States Code; 
(B) defining categories of Government infor-
mation 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 sub-
mission of agency reports under paragraph (4), the 
Director shall modify the policies, as needed, in con-
sultation with the Committee and interested parties.
(4) AGENCY FUNCTIONS.—Each agency shall re-
port annually to the Director, in the report estab-
lished 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 Com-
mittee 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 ap-
plied effectively and comprehensively to Govern-
ment information on the Internet and to other 
electronic records; and 
(B) the imposition of timetables for the im-
plementation 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 implemen-
tation of the policies, procedures, and tech-
nologies by agencies. 
(3) MODIFICATION OF POLICIES.—After the sub-
mission of agency reports under paragraph (4), the 
Archivist of the United States shall modify the poli-
cies, as needed, in consultation with the Committee 
and interested parties. 
(4) AGENCY FUNCTIONS.—Each agency shall re-
port annually to the Director, in the report estab-
lished 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 di-
rect 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 organiza-
tional structure of the agency; and 
(iv) the strategic plan of the agency de-
veloped 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; 
(iii) 
tools 
to 
aggregate 
and 
disaggregate data; and 
(iv) security protocols to protect infor-
mation. 
(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 in-
tends 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, prior-
ities, and schedules available for public comment; 
(v) post such final determinations, prior-
ities, and schedules on the Internet; and 
(vi) submit such final determinations, pri-
orities, and schedules to the Director, in the re-
port 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 FED-
ERAL GOVERNMENT WEBSITES.—
(A) ESTABLISHMENT.—Not later than 2 
years after the effective date of this title, the Di-
rector and each agency shall—
(i) develop and establish a public do-
main directory of public Federal Govern-
ment 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 direc-
tory through a collaborative effort, includ-
ing input from—
(I) agency librarians; 
(II) information technology man-
agers; 
(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 Elec-
tronic Government shall—
(i) update the directory as necessary, 
but not less than every 6 months; and 
(ii) solicit interested persons for im-
provements to the directory. 
(g) ACCESS TO FEDERALLY FUNDED RESEARCH AND 
DEVELOPMENT.—
(1) DEVELOPMENT AND MAINTENANCE OF GOV-
ERNMENTWIDE REPOSITORY AND WEBSITE.—
(A) REPOSITORY AND WEBSITE.—The Di-
rector of the Office of Management and Budget, 
in consultation with the Director of the Office of 
Science and Technology Policy and other rel-
evant 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 re-
search and development funded by the 
Federal Government, consistent with 
any relevant protections for the infor-
mation under section 552 of title 5,
United States Code, and performed 
by—
(aa) institutions not a part 
of the Federal Government, in-
cluding 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, cen-
ters, 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 de-
scribing the objective and the sci-
entific 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 Fed-
eral funds expected to be provided 
to the task or award over its life-
time and the amount of funds ex-
pected to be provided in each fis-
cal 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 gen-
eral public of any or all of the in-
formation required by this sub-
section, and the reasons for such 
restrictions; and 
(ff) such other information as 
may be determined to be appro-
priate; 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 re-
search and development activities; 
(II) collaboration among those 
conducting Federal research and devel-
opment; 
(III) the transfer of technology 
among Federal agencies and between 
Federal agencies and non-Federal enti-
ties; and 
(IV) access by policymakers and 
the public to information concerning 
Federal research and development ac-
tivities. 
(B) OVERSIGHT.—The Director of the Office 
of Management and Budget shall issue any guid-
ance determined necessary to ensure that agen-
cies provide all information requested under this 
subsection. 
(2) AGENCY FUNCTIONS.—Any agency that funds 
Federal research and development under this sub-
section shall provide the information required to pop-
ulate 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, work-
ing with the Director of the Office of Science and 
Technology Policy, and after consultation with inter-
ested parties, the Committee shall submit rec-
ommendations 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 sub-
mission of recommendations by the Committee under 
paragraph (3), the Director shall report on the rec-
ommendations of the Committee and Director to Con-
gress, 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 devel-
opment, maintenance, and operation of the Govern-
mentwide repository and website under this sub-
section—
(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 informa-
tion as agencies implement citizen-centered electronic Gov-
ernment. 
(b) PRIVACY IMPACT ASSESSMENTS.—
(1) RESPONSIBILITIES OF AGENCIES.—
(A) IN GENERAL.—An agency shall take ac-
tions described under subparagraph (B) before 
developing or procuring information technology 
that collects, maintains, or disseminates infor-
mation that is in an identifiable form. 
(B) AGENCY ACTIVITIES.—To the extent re-
quired under subparagraph (A), each agency 
shall—
(i) conduct a privacy impact assess-
ment; 
(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 pri-
vacy impact assessment publicly available 
through the website of the agency, publica-
tion in the Federal Register, or other 
means. 
(C) SENSITIVE
INFORMATION.—Subpara-
graph (B)(iii) may be modified or waived for se-
curity reasons, or to protect classified, sensitive, 
or private information contained in an assess-
ment. 
(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 ASSESS-
MENT.—
(A) IN GENERAL.—The Director shall issue 
guidance to agencies specifying the required con-
tents of a privacy impact assessment. 
(B) GUIDANCE.—The guidance shall—
(i) ensure that a privacy impact as-
sessment 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 as-
sessment address—
(I) what information is to be col-
lected; 
(II) why the information is being 
collected; 
(III) the intended use of the agen-
cy of the information; 
(IV) with whom the information 
will be shared; 
(V) what notice or opportunities 
for consent would be provided to indi-
viduals 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 agen-
cies on the conduct of privacy impact assess-
ments; 
(B) oversee the implementation of the pri-
vacy impact assessment process throughout the 
Government; and 
(C) require agencies to conduct privacy im-
pact 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.—
(1) PRIVACY POLICIES ON WEBSITES.—
(A) GUIDELINES FOR NOTICES.—The Direc-
tor 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 col-
lected;
(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 re-
garding what information is collected and 
how that information is shared; 
(vi) how the information will be se-
cured; 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 protec-
tion of the privacy of an individual. 
(2) PRIVACY
POLICIES
IN
MACHINE-READABLE 
FORMATS.—The Director shall issue guidance requir-
ing agencies to translate privacy policies into a 
standardized machine-readable format. 
(d) 
DEFINITION.—In 
this 
section, 
the 
term 
‘‘identifiable form’’ means any representation of informa-
tion 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 TECHNOLOGY WORK-
FORCE DEVELOPMENT. 
(a) PURPOSE.—The purpose of this section is to im-
prove the skills of the Federal workforce in using informa-
tion technology to deliver Government information and 
services. 
(b) WORKFORCE DEVELOPMENT.—
(1) IN GENERAL.—In consultation with the Di-
rector, 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 per-
sonnel needs of the Federal Government related 
to information technology and information re-
source management; 
(B) oversee the development of curricula, 
training methods, and training priorities that 
correspond to the projected personnel needs of the 
Federal Government related to information tech-
nology and information resource management; 
and 
(C) assess the training of Federal employees 
in information technology disciplines, as nec-
essary, in order to ensure that the information 
resource management needs of the Federal Gov-
ernment are addressed.
(2) AUTHORITY TO DETAIL EMPLOYEES TO NON-
FEDERAL EMPLOYERS.—In carrying out paragraph 
(1), the Director of the Office of Personnel Manage-
ment may provide for a program under which a Fed-
eral employee may be detailed to a non-Federal em-
ployer. The Director of the Office of Personnel Man-
agement shall prescribe regulations for such program, 
including the conditions for service and duties as the 
Director considers necessary. 
(3) COORDINATION PROVISION.—An assignment 
described in section 3703 of title 5, United States 
Code, shall be made only in accordance with the pro-
gram established under paragraph (2), if any. 
(4) EMPLOYEE PARTICIPATION.—Subject to in-
formation resource management needs and the limita-
tions imposed by resource needs in other occupational 
areas, and consistent with their overall workforce de-
velopment strategies, agencies shall encourage employ-
ees to participate in occupational information tech-
nology training. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Office 
of Personnel Management for the implementation of 
this subsection, $7,000,000 in fiscal year 2003, and
such sums as are necessary for each fiscal year there-
after. 
(c) INFORMATION
TECHNOLOGY
EXCHANGE
PRO-
GRAM.—
(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. Definitions. 
‘‘3702. General provisions. 
‘‘3703. Assignment of employees to private sector organizations. 
‘‘3704. Assignment of employees from private sector organizations. 
‘‘3705. Application to Office of the Chief Technology Officer of the District of Co-
lumbia. 
‘‘3706. Reporting requirement. 
‘‘3707. Regulations.
‘‘§ 3701. Definitions 
‘‘For purposes of this chapter—
‘‘(1) the term ‘agency’ means an Executive agen-
cy, but does not include the General Accounting Of-
fice; 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 or above (or equivalent) and is serving under 
a career or career-conditional appointment or an appoint-
ment of equivalent tenure in the excepted service, and appli-
cable 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 assign-
ment. In the case of an employee of the agency, the agree-
ment shall—
‘‘(1) require the employee to serve in the civil 
service, upon completion of the assignment, for a pe-
riod 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 suffi-
cient 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 Manage-
ment, may assist in the administration of this chapter, in-
cluding by maintaining lists of potential candidates for as-
signment under this chapter, establishing mentoring rela-
tionships for the benefit of individuals who are given as-
signments under this chapter, and publicizing the program. 
‘‘(f) CONSIDERATIONS.—In exercising any authority 
under this chapter, an agency shall take into consider-
ation—
‘‘(1) the need to ensure that small business con-
cerns 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 agen-
cy for the training of employees in information tech-
nology management.
‘‘§ 3703. Assignment of employees to private sector or-
ganizations 
‘‘(a) IN GENERAL.—An employee of an agency as-
signed 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.—Notwith-
standing 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 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 em-
ployee 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 ex-
penses to or from the place of assignment, subject to the 
same terms and conditions as apply with respect to an em-
ployee 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 pay-
ing 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 agree-
ment 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 con-
cerns. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘small business concern’ 
means a business concern that satisfies the defi-
nitions and standards specified by the Adminis-
trator of the Small Business Administration
under section 3(a)(2) of the Small Business Act 
(as from time to time amended by the Adminis-
trator); 
‘‘(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 pe-
riod in which any assignments under this chap-
ter 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, sub-
mit a report to the Committees on Government Re-
form and Small Business of the House of Representa-
tives 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 noncompli-
ance 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 pri-
vate sector organizations. 
‘‘§ 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 pri-
vate 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 Pro-
curement Policy Act; 
‘‘(3) may not have access to any trade secrets or 
to any other nonpublic information which is of com-
mercial value to the private sector organization from 
which he is assigned; and 
‘‘(4) is subject to such regulations as the Presi-
dent may prescribe. 
The supervision of an employee of a private sector organiza-
tion assigned to an agency under this chapter may be gov-
erned by agreement between the agency and the private sec-
tor 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 em-
ployee of a private sector organization assigned to an agen-
cy 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 perform-
ance 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 cred-
ited 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. 
‘‘§ 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 regu-
lation of the District of Columbia, including the applicable 
provisions of the District of Columbia Government Com-
prehensive 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 Inter-
est 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 Tech-
nology Officer Establishment Act of 1998 (sec. 1–1401 et 
seq., D.C. Official Code). 
‘‘§ 3706. Reporting requirement 
‘‘(a) IN GENERAL.—The Office of Personnel Manage-
ment 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 im-
mediately preceding 6-month period ending on March 31 
and September 30, respectively. 
‘‘(b) CONTENT.—Each report shall include, with re-
spect 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 in-
cluded 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 indi-
vidual 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 indi-
vidual’s assignment; and
‘‘(3) such other information as the Office con-
siders appropriate. 
‘‘(c) PUBLICATION.—A copy of each report submitted 
under subsection (a)—
‘‘(1) shall be published in the Federal Register; 
and 
‘‘(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 Ac-
counting Office shall prepare and submit to the Com-
mittee on Government Reform of the House of Rep-
resentatives and the Committee on Governmental Af-
fairs of the Senate a report on the operation of chap-
ter 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 fol-
lowing:
‘‘37. Information Technology Exchange Program .........................................
3701’’.
(d) ETHICS PROVISIONS.—
(1) ONE-YEAR RESTRICTION ON CERTAIN COMMU-
NICATIONS.—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 organi-
zation to an agency under chapter 37 of title 5.’’. 
(2) DISCLOSURE
OF
CONFIDENTIAL
INFORMA-
TION.—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.—Who-
ever, being an employee of a private sector organization as-
signed 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 PROCURE-
MENT INFORMATION.—Section 27 of the Office of Fed-
eral 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 em-
ployee 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 pro-
vided by law, knowingly disclose contractor bid or 
proposal information or source selection information 
during the three-year period after the end of the as-
signment of such employee.’’. 
(e) REPORT ON EXISTING EXCHANGE PROGRAMS.—
(1) EXCHANGE
PROGRAM
DEFINED.—For pur-
poses 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 Fed-
eral Government to non-Federal employers; 
(B) the assignment of employees of non-Fed-
eral 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 identi-
fying all existing exchange programs. 
(3) SPECIFIC INFORMATION.—The report shall, 
for each such program, include—
(A) a brief description of the program, in-
cluding its size, eligibility requirements, and 
terms or conditions for participation; 
(B) specific citation to the law or other au-
thority 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 GOVERN-
MENTWIDE INFORMATION TECHNOLOGY TRAINING PRO-
GRAM.—
(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 informa-
tion technology training programs available to 
Federal employees on a Governmentwide basis. 
(B)(i) If one or more such programs al-
ready exist, recommendations as to how they 
might be improved. 
(ii) If no such program yet exists, rec-
ommendations 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 associ-
ated 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.—
(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 bene-
fits from such organization in accordance with such chap-
ter.’’. 
(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 amend-
ed—
(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’’.
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-in-savings contract for information technology (as 
defined in section 11101(6) of title 40) in which the Govern-
ment awards a contract to improve mission-related or ad-
ministrative 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-in-savings 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 in-
vestment 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 suf-
ficient to generate reasonable benefit for the govern-
ment. 
‘‘(3) Contracts awarded pursuant to the authority of 
this section shall, to the maximum extent practicable, be 
performance-based contracts that identify objective out-
comes 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 quantifi-
able baseline that is to be the basis upon which a savings 
share ratio is established that governs the amount of pay-
ment 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 re-
alized 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. Except as pro-
vided 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 sub-
section shall—
‘‘(i) without further appropriation, remain 
available until expended; and
‘‘(ii) be applied first to fund any contingent li-
abilities associated with share-in-savings procure-
ments 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 subse-
quent fiscal year, the contract shall be canceled or termi-
nated. The costs of cancellation or termination may be paid 
out of—
‘‘(A) appropriations available for the perform-
ance of the contract; 
‘‘(B) appropriations available for acquisition of 
the information technology procured under the con-
tract, and not otherwise obligated; or
‘‘(C) funds subsequently appropriated for pay-
ments 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 nego-
tiated 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 ter-
mination of the contract if funds are available and suffi-
cient to make payments with respect to the first fiscal year 
of the contract and the following conditions are met regard-
ing 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 con-
tracts that may be entered into under subparagraph (A) 
by all agencies to which this chapter applies in a fiscal 
year—
‘‘(i) may not exceed 5, in each of fiscal years 
2003, 2004, and 2005; and 
‘‘(ii) may not exceed 10, in each of fiscal years 
2006, 2007, 2008, and 2009. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contractor’ means a private enti-
ty 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 real-
ized by the agency, including enhanced revenues. 
‘‘(3) The term ‘share-in-savings contract’ means 
a contract under which—
‘‘(A) a contractor provides solutions for—
‘‘(i) improving the agency’s mission-re-
lated or administrative processes; or 
‘‘(ii) accelerating the achievement of 
agency missions; and 
‘‘(B) the head of the agency pays the con-
tractor an amount equal to a portion of the sav-
ings derived by the agency from—
‘‘(i) any improvements in mission-re-
lated 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, 
2009.’’. 
(2) The table of sections at the beginning of such chap-
ter 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: 
‘‘SEC. 317. SHARE-IN-SAVINGS CONTRACTS. 
‘‘(a) AUTHORITY TO ENTER INTO SHARE-IN-SAVINGS 
CONTRACTS.—(1) The head of an executive agency may 
enter into a share-in-savings contract for information tech-
nology (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 per-
formance.
‘‘(2)(A) Except as provided in subparagraph (B), a 
share-in-savings 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 in-
vestment 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 suf-
ficient to generate reasonable benefit for the govern-
ment. 
‘‘(3) Contracts awarded pursuant to the authority of 
this section shall, to the maximum extent practicable, be 
performance-based contracts that identify objective out-
comes 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 quantifi-
able baseline that is to be the basis upon which a savings 
share ratio is established that governs the amount of pay-
ment 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 re-
alized 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. Except as pro-
vided 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 sub-
section shall—
‘‘(i) without further appropriation, remain 
available until expended; and 
‘‘(ii) be applied first to fund any contingent li-
abilities associated with share-in-savings procure-
ments 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 subse-
quent fiscal year, the contract shall be canceled or termi-
nated. The costs of cancellation or termination may be paid 
out of—
‘‘(A) appropriations available for the perform-
ance of the contract; 
‘‘(B) appropriations available for acquisition of 
the information technology procured under the con-
tract, and not otherwise obligated; or 
‘‘(C) funds subsequently appropriated for pay-
ments 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 nego-
tiated 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 can-
cellation or termination of the contract if funds are avail-
able 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 termi-
nation 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 con-
tracts that may be entered into under subparagraph (A) 
by all executive agencies to which this chapter applies in 
a fiscal year—
‘‘(i) may not exceed 5, in each of fiscal years 
2003, 2004, and 2005; and 
‘‘(ii) may not exceed 10, in each of fiscal years 
2006, 2007, 2008, and 2009. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contractor’ means a private enti-
ty 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 real-
ized by the agency, including enhanced revenues.
‘‘(3) The term ‘share-in-savings contract’ means 
a contract under which—
‘‘(A) a contractor provides solutions for—
‘‘(i) improving the agency’s mission-re-
lated or administrative processes; or 
‘‘(ii) accelerating the achievement of 
agency missions; and 
‘‘(B) the head of the agency pays the con-
tractor an amount equal to a portion of the sav-
ings derived by the agency from—
‘‘(i) any improvements in mission-re-
lated 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, 
2009.’’.
(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 Rep-
resentatives, and executive agencies, develop techniques to 
permit an executive agency to retain a portion of the sav-
ings (after payment of the contractor’s share of the savings)
derived from share-in-savings contracts as funds are appro-
priated 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 en-
acted by this section. Such revisions shall—
(1) provide for the use of competitive procedures 
in the selection and award of share-in-savings con-
tracts 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 fa-
cilitate the use of share-in-savings contracts by execu-
tive agencies, including the use of innovative provi-
sions 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 
share-in-savings contracts; and 
(2) in consultation with the Director of the Of-
fice 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 Man-
agement and Budget shall, not later than 2 years after the 
date of the enactment of this Act, submit to Congress a re-
port containing—
(1) a description of the number of share-in-sav-
ings 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 de-
termine 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 re-
quired under subsection (f) is submitted to Congress, con-
duct a review of that report and submit to Congress a report 
containing—
(1) the results of the review; and 
(2) any recommendations, as the Comptroller 
General deems appropriate, on the use of share-in-
savings contracts by executive agencies. 
(h) 
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 INFORMA-
TION TECHNOLOGY BY STATE AND LOCAL 
GOVERNMENTS THROUGH FEDERAL SUPPLY 
SCHEDULES. 
(a) AUTHORITY TO USE CERTAIN SUPPLY SCHED-
ULES.—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 pro-
vide for the use by State or local governments of Fed-
eral supply schedules of the General Services Admin-
istration for automated data processing equipment 
(including firmware), software, supplies, support 
equipment, and services (as contained in Federal sup-
ply 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 gov-
ernment, 
or 
any 
instrumentality 
thereof 
(including any local educational agency or insti-
tution of higher education). 
‘‘(B) The term ‘tribal government’ means a 
tribal organization, as defined in section 4 of the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b). 
‘‘(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 edu-
cation’ has the meaning given that term in sec-
tion 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 Gen-
eral Services shall establish procedures to implement section 
501(c) of title 40, United States Code (as added by sub-
section (a)). 
(c) REPORT.—Not later than December 31, 2004, the 
Administrator shall submit to the Committee on Govern-
ment Reform of the House of Representatives and the Com-
mittee on Governmental Affairs of the Senate a report on 
the implementation and effects of the amendment made by 
subsection (a). 
SEC. 212. INTEGRATED REPORTING STUDY AND PILOT 
PROJECTS. 
(a) PURPOSES.—The purposes of this section are to—
(1) enhance the interoperability of Federal infor-
mation 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
100
(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 de-
fined under section 105 of title 5, United States Code; 
and
(2) ‘‘person’’ means any individual, trust, firm, 
joint stock company, corporation (including a govern-
ment 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 Com-
mittee on Government Reform of the House of Rep-
resentatives on progress toward integrating Federal 
information systems across agencies.
101
(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 stat-
ute 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 por-
tion of such holdings, without requiring 
public users to know which agency holds the 
information; and
102
(ii) allows the integration of public in-
formation held by the participating agen-
cies; 
(D) address the feasibility of incorporating 
other elements related to the purposes of this sec-
tion at the discretion of the Director; and 
(E) make any recommendations that the 
Director deems appropriate on the use of inte-
grated reporting and information systems, to re-
duce 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 INTEROPER-
ABILITY OF FEDERAL INFORMATION SYSTEMS.—
(1) IN GENERAL.—In order to provide input to 
the study under subsection (c), the Director shall des-
ignate, in consultation with agencies, a series of no 
more than 5 pilot projects that integrate data ele-
ments. 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.—
103
(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 para-
graph are to—
(i) reduce information collection bur-
dens by eliminating duplicative data ele-
ments within 2 or more reporting require-
ments; 
(ii) create interoperability between or 
among public databases managed by 2 or 
more agencies using technologies and tech-
niques 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 Direc-
tor shall consult with relevant agencies and State, 
tribal, and local governments in carrying out the re-
port and pilot projects under this section. 
(e) PROTECTIONS.—The activities authorized under 
this section shall afford protections for—
104
(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 rel-
evant 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 com-
munity technology centers, public libraries, and other 
institutions that provide computer and Internet ac-
cess to the public; and 
(2) promote awareness of the availability of on-
line government information and services, to users of 
community technology centers, public libraries, and 
other public facilities that provide access to computer 
technology and Internet access to the public.
105
(b) STUDY AND REPORT.—Not later than 2 years after 
the effective date of this title, the Administrator shall—
(1) conduct a study to evaluate the best practices 
of community technology centers that have received 
Federal funds; and 
(2) submit a report on the study to—
(A) the Committee on Governmental Affairs 
of the Senate;
(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(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 prac-
tices used by community technology centers; and 
(B) establishing a network to share infor-
mation and resources as community technology 
centers evolve;
106
(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 cen-
ters that have received Federal funds, including—
(A) each center’s name, location, services 
provided, director, other points of contact, num-
ber 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 informa-
tion 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 con-
sultation with the Secretary of Education, shall work
107
with other relevant Federal agencies, and other inter-
ested persons in the private and nonprofit sectors 
to—
(A) assist in the implementation of rec-
ommendations; and 
(B) identify other ways to assist community 
technology centers, public libraries, and other in-
stitutions 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 Inter-
net usage. 
(f) ONLINE TUTORIAL.—
(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, the Direc-
tor of the Institute of Museum and Library Services, 
other relevant agencies, and the public, shall develop 
an online tutorial that—
108
(A) explains how to access Government in-
formation and services on the Internet; and 
(B) provides a guide to available online re-
sources. 
(2) DISTRIBUTION.—The Administrator, with 
assistance from the Secretary of Education, shall dis-
tribute information on the tutorial to community 
technology centers, public libraries, and other institu-
tions that afford Internet access to the public. 
(g) PROMOTION OF COMMUNITY TECHNOLOGY CEN-
TERS.—The Administrator, with assistance from the De-
partment 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.
109
SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH AD-
VANCED INFORMATION TECHNOLOGY. 
(a) PURPOSE.—The purpose of this section is to im-
prove how information technology is used in coordinating 
and facilitating information on disaster preparedness, re-
sponse, and recovery, while ensuring the availability of such 
information across multiple access channels. 
(b) IN GENERAL.—
(1) STUDY
ON
ENHANCEMENT
OF
CRISIS
RE-
SPONSE.—Not later than 90 days after the date of en-
actment of this Act, the Administrator, in consulta-
tion with the Federal Emergency Management Agen-
cy, shall enter into a contract to conduct a study on 
using information technology to enhance crisis pre-
paredness, 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 cri-
sis response and consequence management, in-
cluding the more effective use of technologies, 
management of information technology research 
initiatives, and incorporation of research ad-
vances into the information and communications 
systems of—
110
(i) the Federal Emergency Manage-
ment Agency; and 
(ii) other Federal, State, and local 
agencies responsible for crisis preparedness, 
response, and consequence management; and 
(B) opportunities for research and develop-
ment on enhanced technologies into areas of po-
tential 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 para-
graph (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 dis-
aster relief and emergency assistance shall fully co-
operate with the Administrator in carrying out this 
section. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for research
111
under this subsection, such sums as are necessary for 
fiscal year 2003. 
(c) PILOT PROJECTS.—Based on the results of the re-
search 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 agen-
cies, and, if appropriate, State, local, and tribal govern-
ments, 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 Acad-
emy 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 Com-
mittee on Government Reform of the House of Rep-
112
resentatives a final report of the study under this sec-
tion, which shall set forth the findings, conclusions, 
and recommendations of the National Research Coun-
cil. 
(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, includ-
ing a review of—
(A) the nature of disparities in Internet ac-
cess; 
(B) the affordability of Internet service; 
(C) the incidence of disparities among dif-
ferent groups within the population; and 
(D) changes in the nature of personal and 
public Internet access that may alleviate or ag-
gravate effective access to online Government 
services; 
(2) how the increase in online Government serv-
ices 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 inter-
play of disparities in Internet access and the increase 
in online Government services.
113
(c) RECOMMENDATIONS.—The report shall include rec-
ommendations on actions to ensure that online Government 
initiatives shall not have the unintended result of increas-
ing 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.
TITLE III—INFORMATION 
SECURITY 
SEC. 301. INFORMATION SECURITY. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Federal Information Security Management Act of 2002’’. 
(b) INFORMATION SECURITY.—
(1) IN GENERAL.—Subchapter II of chapter 35 of 
title 44, United States Code, is amended to read as 
follows:
‘‘SUBCHAPTER II—INFORMATION SECURITY 
‘‘§ 3531. Purposes 
‘‘The purposes of this subchapter are to—
‘‘(1) provide a comprehensive framework for en-
suring the effectiveness of information security con-
trols over information resources that support Federal 
operations and assets; 
‘‘(2) recognize the highly networked nature of the 
current Federal computing environment and provide
114
effective governmentwide management and oversight 
of the related information security risks, including co-
ordination 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 infor-
mation 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, dy-
namic, robust, and effective information security solu-
tions, 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 tech-
nical hardware and software information security so-
lutions should be left to individual agencies from 
among commercially developed products.
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‘‘§ 3532. Definitions 
‘‘(a) IN GENERAL.—Except as provided under sub-
section (b), the definitions under section 3502 shall apply 
to this subchapter. 
‘‘(b) ADDITIONAL DEFINITIONS.—As used in this sub-
chapter—
‘‘(1) the term ‘information security’ means pro-
tecting information and information systems from
unauthorized access, use, disclosure, disruption, modi-
fication, 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 pre-
serving authorized restrictions on access and dis-
closure, including means for protecting personal 
privacy and proprietary information; and 
‘‘(C) availability, which means ensuring 
timely and reliable access to and use of informa-
tion; 
‘‘(2) the term ‘national security system’ means 
any information system (including any telecommuni-
cations system) used or operated by an agency or by 
a contractor of an agency, or other organization on 
behalf of an agency—
116
‘‘(A) the function, operation, or use of 
which—
‘‘(i) involves intelligence activities; 
‘‘(ii) involves cryptologic activities re-
lated to national security; 
‘‘(iii) involves command and control of 
military forces; 
‘‘(iv) involves equipment that is an in-
tegral part of a weapon or weapons system; 
or 
‘‘(v) is critical to the direct fulfillment 
of military or intelligence missions, 
except that this subparagraph does not include a 
system that is used for routine administrative 
and business applications (including payroll, fi-
nance, logistics, and personnel management ap-
plications); or 
‘‘(B) is protected at all times by procedures 
established for information that have been spe-
cifically 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; and 
‘‘(3) the term ‘information technology’ has the 
meaning given that term in section 11101 of title 40.
117
‘‘§ 3533. Authority and functions of the Director 
‘‘(a) The Director shall oversee agency information se-
curity policies and practices, including—
‘‘(1) developing and overseeing the implementa-
tion of policies, principles, standards, and guidelines 
on information security, including through the pro-
mulgation of standards and guidelines 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 commensu-
rate with the risk and magnitude of the harm result-
ing from the unauthorized access, use, disclosure, dis-
ruption, 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 Insti-
tute of Standards and Technology Act (15 U.S.C. 
278g–3) with agencies and offices operating or exer-
cising control of national security systems (including 
the National Security Agency) to assure, to the max-
119
‘‘(C) planned remedial action to address 
such deficiencies; and 
‘‘(D) a summary of, and the views of the 
Director on, the report prepared by the National 
Institute of Standards and Technology under 
section 20(e)(7) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278g–
3). 
‘‘(b) 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 sys-
tems. 
‘‘§ 3534. Federal agency responsibilities 
‘‘(a) The head of each agency shall—
‘‘(1) be responsible for—
‘‘(A) providing information security protec-
tions commensurate with the risk and magnitude 
of the harm resulting from unauthorized access, 
use, disclosure, disruption, modification, or de-
struction of—
‘‘(i) information collected or main-
tained by or on behalf of the agency; and 
‘‘(ii) information systems used or oper-
ated by an agency or by a contractor of an
120
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 by the Director under section 
11331 of title 40; and 
‘‘(ii) information security standards 
and guidelines for national security systems 
issued in accordance with law and as di-
rected by the President; and 
‘‘(C) ensuring that information security 
management processes are integrated with agen-
cy strategic and operational planning processes; 
‘‘(2) ensure that senior agency officials provide 
information security for the information and infor-
mation 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 informa-
tion systems;
121
‘‘(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 in-
formation security controls and techniques to en-
sure that they are effectively implemented; 
‘‘(3) delegate to the agency Chief Information Of-
ficer 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, includ-
ing—
‘‘(A) designating a senior agency informa-
tion security officer who shall—
‘‘(i) carry out the Chief Information 
Officer’s responsibilities under this section;
‘‘(ii) possess professional qualifica-
tions, including training and experience, re-
122
quired 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 agen-
cywide information security program as required 
by subsection (b); 
‘‘(C) developing and maintaining informa-
tion security policies, procedures, and control 
techniques to address all applicable requirements, 
including those issued under section 3533 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 con-
cerning their responsibilities under paragraph 
(2); 
‘‘(4) ensure that the agency has trained per-
sonnel sufficient to assist the agency in complying 
with the requirements of this subchapter and related 
policies, procedures, standards, and guidelines; and
123
‘‘(5) ensure that the agency Chief Information 
Officer, in coordination with other senior agency offi-
cials, reports annually to the agency head on the ef-
fectiveness of the agency information security pro-
gram, including progress of remedial actions. 
‘‘(b) Each agency shall develop, document, and imple-
ment an agencywide information security program, ap-
proved by the Director under section 3533(a)(5), to provide 
information security for the information and information 
systems that support the operations and assets of the agen-
cy, including those provided or managed by another agency, 
contractor, or other source, that includes—
‘‘(1) periodic assessments of the risk and mag-
nitude of the harm that could result from the unau-
thorized access, use, disclosure, disruption, modifica-
tion, 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 re-
quired by paragraph (1); 
‘‘(B) cost-effectively reduce information se-
curity risks to an acceptable level;
124
‘‘(C) ensure that information security is ad-
dressed throughout the life cycle of each agency 
information system; and 
‘‘(D) ensure compliance with—
‘‘(i) the requirements of this sub-
chapter; 
‘‘(ii) policies and procedures as may be 
prescribed by the Director, and information 
security standards promulgated under sec-
tion 11331 of title 40; 
‘‘(iii) minimally acceptable system 
configuration requirements, as determined 
by the agency; and 
‘‘(iv) any other applicable require-
ments, including standards and guidelines 
for national security systems issued in ac-
cordance with law and as directed by the 
President; 
‘‘(3) subordinate plans for providing adequate 
information security for networks, facilities, and sys-
tems or groups of information systems, as appro-
priate; 
‘‘(4) security awareness training to inform per-
sonnel, including contractors and other users of infor-
125
mation 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 effec-
tiveness of information security policies, procedures,
and practices, to be performed with a frequency de-
pending on risk, but no less than annually, of which 
such testing—
‘‘(A) shall include testing of management, 
operational, and technical controls of every in-
formation system identified in the inventory re-
quired under section 3505(c); and 
‘‘(B) may include testing relied on in a 
evaluation under section 3535; 
‘‘(6) a process for planning, implementing, eval-
uating, 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 re-
sponding to security incidents, consistent with stand-