forms of information that are available in electronic
form.
SEC. 3. NEGOTIATED RULEMAKING FOR DATA STANDARDS
FOR ELECTRONIC INTERCHANGE OF DATA.
Section 15 of the Federal Advisory Committee Act
(5 App. U.S.C.) is amended to read as follows:
‘‘ELECTRONIC DATA MANAGEMENT ADVISORY COMMITTEE
‘‘SEC. 15. (a) IN GENERAL.—Not later than 90 days
after the date of the enactment of this section, the Direc-
tor of the Office of Management and Budget shall estab-
lish and appoint a negotiated rulemaking committee in ac-
cordance with subchapter III of chapter 5 of title 5, Unit-
ed States Code, for the purpose of establishing electronic
data reporting standards for the electronic interchange of
certain data that is required to be reported under existing
Federal law. The committee shall be known as the Elec-
tronic Data Management Advisory Committee. The Direc-
tor shall designate the subject matter of the negotiated
rulemaking to be conducted by the Committee, which shall
consist of an existing data reporting requirement that ap-
plies to 3 or more agencies and that relates to the report-
ing of data commonly managed by the private sector in
accordance with uniform standards.
‘‘(b) MEMBERSHIP OF COMMITTEE.—In addition to
the membership requirements for the Committee under
section 565(b) of title 5, United States Code—
‘‘(1) one-third of the membership of the Com-
mittee shall be composed of individuals representing
private industry;
‘‘(2) the membership of the Committee shall in-
clude—
‘‘(A) at least one representative of each
Federal agency having regulatory authority
with respect to the subject matter; and
‘‘(B) representatives of organizations de-
voted to the public interest in the subject mat-
ter; and
‘‘(3) not more than one-quarter of the member-
ship of the Committee may be composed of individ-
uals representing a particular department or agency.
‘‘(c) NEGOTIATED RULEMAKING BY COMMITTEE.—
‘‘(1) IN GENERAL.—The Committee shall con-
duct a negotiated rulemaking in accordance with
subchapter III of chapter 5 of title 5, United States
Code, for the purpose set forth in subsection (a) and
on the subject matter. In conducting the rulemaking,
the Committee shall seek comment and participation
from all persons interested in the subject matter.
‘‘(2) REQUIREMENTS FOR PROPOSED RULE.—
Any proposed rule promulgated by the Committee
shall—
‘‘(A) provide data necessary to satisfy ex-
isting regulatory reporting requirements com-
prising the subject matter, under a format and
protocol that will reasonably accommodate fu-
ture or revised data element specifications with-
out requiring users to make costly or substan-
tial modifications to hardware or software that
they use to submit electronic data;
‘‘(B) give deference to existing, oper-
ational, comprehensive electronic data inter-
change standards for reporting under the sub-
ject matter;
‘‘(C) establish data standards that use
electronic file formats that are nonproprietary,
royalty free, or in the public domain;
‘‘(D) include a list of data elements to be
used under the rule, including a description of
the characteristics of each data element;
‘‘(E) use data elements that are suitable
for placing in publicly accessible electronic
databases, to the extent such placement is not
otherwise prohibited by law;
‘‘(F) provide for electronic dissemination of
data reported under the proposed rule through
one or more publicly accessible, searchable
databases identified by the Committee, to the
extent such dissemination is not otherwise pro-
hibited by law;
‘‘(G) include a schedule for implementation
of electronic data interchange for each Federal
program to which the proposed rule would
apply; and
‘‘(H) set forth a schedule for the dissemi-
nation of all publicly releasable information ob-
tained under the proposed rule through elec-
tronic data interchange in accordance with
chapter 35 of title 44, United States Code, and
Office of Management and Budget Circular A–
130 (as in effect on the date of the enactment
of this section).
‘‘(3) PARTICIPATION
OF
NONGOVERNMENTAL
PERSONS.—In developing standards under this sec-
tion, the Committee shall—
‘‘(A) solicit the participation of nongovern-
mental persons;
‘‘(B) solicit from such persons proposals
for meeting the requirements set forth in para-
graph (2); and
‘‘(C) authorize demonstrations by such
persons of the operational capacity of any
standard proposed to be adopted under this sec-
tion.
‘‘(4) DEMONSTRATION
OF
PROPOSED
STAND-
ARDS.—Before issuing a proposed rule under this
section, the Committee shall provide for the dem-
onstration and thorough testing of the proposed
standard included in the proposed rule.
‘‘(d) REPORT OF COMMITTEE.—Not later than 2
years after the date of the enactment of this section, the
Committee shall transmit to the Director, the Committee
on Government Reform and Oversight of the House of
Representatives, and the Committee on Governmental Af-
fairs of the Senate a report under section 566(f) of title
5, United States Code, on the rulemaking required by this
section.
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) 
COMMITTEE.—The 
term 
‘Committee’
means the Electronic Data Management Advisory
Committee established under subsection (a).
‘‘(2) DIRECTOR.—The term ‘Director’ means
the Director of the Office of Management and Budg-
et.
‘‘(3) SUBJECT
MATTER.—The term ‘subject
matter’ means the subject matter designated by the
Director under subsection (a).’’.
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