H. R. 2458—36
are met regarding the funding of cancellation and termination
liability:
‘‘(i) The amount of unfunded contingent liability for the
contract does not exceed the lesser of—
‘‘(I) 25 percent of the estimated costs of a cancellation
or termination; or
‘‘(II) $5,000,000.
‘‘(ii) Unfunded contingent liability in excess of $1,000,000
has been approved by the Director of the Office of Management
and Budget or the Director’s designee.
‘‘(B) The aggregate number of share-in-savings contracts that
may be entered into under subparagraph (A) by all agencies to
which this chapter applies in a fiscal year may not exceed 5 in
each of fiscal years 2003, 2004, and 2005.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘contractor’ means a private entity that enters
into a contract with an agency.
‘‘(2) The term ‘savings’ means—
‘‘(A) monetary savings to an agency; or
‘‘(B) savings in time or other benefits realized by the
agency, including enhanced revenues (other than enhanced
revenues from the collection of fees, taxes, debts, claims,
or other amounts owed the Federal Government).
‘‘(3) The term ‘share-in-savings contract’ means a contract
under which—
‘‘(A) a contractor provides solutions for—
‘‘(i) improving the agency’s mission-related or
administrative processes; or
‘‘(ii) accelerating the achievement of agency mis-
sions; and
‘‘(B) the head of the agency pays the contractor an
amount equal to a portion of the savings derived by the
agency from—
‘‘(i) any improvements in mission-related or
administrative processes that result from implementa-
tion of the solution; or
‘‘(ii) acceleration of achievement of agency mis-
sions.
‘‘(d) TERMINATION.—No share-in-savings contracts may be
entered into under this section after September 30, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end of the following new item:
‘‘2332. Share-in-savings contracts.’’.
(b) OTHER CONTRACTS.—Title III of the Federal Property and
Administrative Services Act of 1949 is amended by adding at the
end the following:
‘‘SEC. 317. SHARE-IN-SAVINGS CONTRACTS.
‘‘(a) AUTHORITY
TO
ENTER
INTO
SHARE-IN-SAVINGS
CON-
TRACTS.—(1) The head of an executive agency may enter into a
share-in-savings contract for information technology (as defined
in section 11101(6) of title 40, United States Code) in which the
Government awards a contract to improve mission-related or
administrative processes or to accelerate the achievement of its
mission and share with the contractor in savings achieved through
contract performance.
H. R. 2458—37
‘‘(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 investment
to be undertaken by the contractor is likely to inhibit the
government from obtaining the needed information technology
competitively at a fair and reasonable price if the contract
is limited in duration to a period of five years or less; and
‘‘(ii) usage of the information technology to be acquired
is likely to continue for a period of time sufficient to generate
reasonable benefit for the government.
‘‘(3) Contracts awarded pursuant to the authority of this section
shall, to the maximum extent practicable, be performance-based
contracts that identify objective outcomes and contain performance
standards that will be used to measure achievement and milestones
that must be met before payment is made.
‘‘(4) Contracts awarded pursuant to the authority of this section
shall include a provision containing a quantifiable baseline that
is to be the basis upon which a savings share ratio is established
that governs the amount of payment a contractor is to receive
under the contract. Before commencement of performance of such
a contract, the senior procurement executive of the agency shall
determine in writing that the terms of the provision are quantifiable
and will likely yield value to the Government.
‘‘(5)(A) The head of the agency may retain savings realized
through the use of a share-in-savings contract under this section
that are in excess of the total amount of savings paid to the
contractor under the contract, but may not retain any portion
of such savings that is attributable to a decrease in the number
of civilian employees of the Federal Government performing the
function. Except as provided in subparagraph (B), savings shall
be credited to the appropriation or fund against which charges
were made to carry out the contract and shall be used for informa-
tion technology.
‘‘(B) Amounts retained by the agency under this subsection
shall—
‘‘(i) without further appropriation, remain available until
expended; and
‘‘(ii) be applied first to fund any contingent liabilities associ-
ated with share-in-savings procurements that are not fully
funded.
‘‘(b) CANCELLATION AND TERMINATION.—(1) If funds are not
made available for the continuation of a share-in-savings contract
entered into under this section in a subsequent fiscal year, the
contract shall be canceled or terminated. The costs of cancellation
or termination may be paid out of—
‘‘(A) appropriations available for the performance of the
contract;
‘‘(B) appropriations available for acquisition of the informa-
tion technology procured under the contract, and not otherwise
obligated; or
H. R. 2458—38
‘‘(C) funds subsequently appropriated for payments of costs
of cancellation or termination, subject to the limitations in
paragraph (3).
‘‘(2) The amount payable in the event of cancellation or termi-
nation of a share-in-savings contract shall be negotiated with the
contractor at the time the contract is entered into.
‘‘(3)(A) Subject to subparagraph (B), the head of an executive
agency may enter into share-in-savings contracts under this section
in any given fiscal year even if funds are not made specifically
available for the full costs of cancellation or termination of the
contract if funds are available and sufficient to make payments
with respect to the first fiscal year of the contract and the following
conditions are met regarding the funding of cancellation and 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 contracts that
may be entered into under subparagraph (A) by all executive agen-
cies to which this chapter applies in a fiscal year may not exceed
5 in each of fiscal years 2003, 2004, and 2005.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘contractor’ means a private entity that enters
into a contract with an agency.
‘‘(2) The term ‘savings’ means—
‘‘(A) monetary savings to an agency; or
‘‘(B) savings in time or other benefits realized by the
agency, including enhanced revenues (other than enhanced
revenues from the collection of fees, taxes, debts, claims,
or other amounts owed the Federal Government).
‘‘(3) The term ‘share-in-savings contract’ means a contract
under which—
‘‘(A) a contractor provides solutions for—
‘‘(i) improving the agency’s mission-related or
administrative processes; or
‘‘(ii) accelerating the achievement of agency mis-
sions; and
‘‘(B) the head of the agency pays the contractor an
amount equal to a portion of the savings derived by the
agency from—
‘‘(i) any improvements in mission-related or
administrative processes that result from implementa-
tion of the solution; or
‘‘(ii) acceleration of achievement of agency mis-
sions.
‘‘(d) TERMINATION.—No share-in-savings contracts may be
entered into under this section after September 30, 2005.’’.
(c) DEVELOPMENT OF INCENTIVES.—The Director of the Office
of Management and Budget shall, in consultation with the Com-
mittee on Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, and executive
agencies, develop techniques to permit an executive agency to retain
H. R. 2458—39
a portion of the savings (after payment of the contractor’s share
of the savings) derived from share-in-savings contracts as funds
are appropriated to the agency in future fiscal years.
(d) REGULATIONS.—Not later than 270 days after the date of
the enactment of this Act, the Federal Acquisition Regulation shall
be revised to implement the provisions enacted by this section.
Such revisions shall—
(1) provide for the use of competitive procedures in the
selection and award of share-in-savings contracts to—
(A) ensure the contractor’s share of savings reflects
the risk involved and market conditions; and
(B) otherwise yield greatest value to the government;
and
(2) allow appropriate regulatory flexibility to facilitate the
use of share-in-savings contracts by executive agencies,
including the use of innovative provisions for technology
refreshment and nonstandard Federal Acquisition Regulation
contract clauses.
(e) ADDITIONAL GUIDANCE.—The Administrator of General Serv-
ices shall—
(1) identify potential opportunities for the use of share-
in-savings contracts; and
(2) in consultation with the Director of the Office of
Management and Budget, provide guidance to executive agen-
cies for determining mutually beneficial savings share ratios
and baselines from which savings may be measured.
(f) OMB REPORT TO CONGRESS.—In consultation with executive
agencies, the Director of the Office of Management and Budget
shall, not later than 2 years after the date of the enactment of
this Act, submit to Congress a report containing—
(1) a description of the number of share-in-savings contracts
entered into by each executive agency under by this section
and the amendments made by this section, and, for each con-
tract identified—
(A) the information technology acquired;
(B) the total amount of payments made to the con-
tractor; and
(C) the total amount of savings or other measurable
benefits realized;
(2) a description of the ability of agencies to determine
the baseline costs of a project against which savings can be
measured; and
(3) any recommendations, as the Director deems appro-
priate, regarding additional changes in law that may be nec-
essary to ensure effective use of share-in-savings contracts by
executive agencies.
(g) GAO REPORT TO CONGRESS.—The Comptroller General shall,
not later than 6 months after the report required under subsection
(f) is submitted to Congress, conduct a review of that report and
submit to Congress a report containing—
(1) the results of the review;
(2) an independent assessment by the Comptroller General
of the effectiveness of the use of share-in-savings contracts
in improving the mission-related and administrative processes
of the executive agencies and the achievement of agency mis-
sions; and
H. R. 2458—40
(3) a recommendation on whether the authority to enter
into share-in-savings contracts should be continued.
(h) REPEAL OF SHARE-IN-SAVINGS PILOT PROGRAM.—
(1) REPEAL.—Section 11521 of title 40, United States Code,
is repealed.
(2) 
CONFORMING
AMENDMENTS
TO
PILOT
PROGRAM
AUTHORITY.—
(A) Section 11501 of title 40, United States Code, is
amended—
(i) in the section heading, by striking ‘‘PROGRAMS’’
and inserting ‘‘PROGRAM’’;
(ii) in subsection (a)(1), by striking ‘‘conduct pilot
programs’’ and inserting ‘‘conduct a pilot program
pursuant to the requirements of section 11521 of this
title’’;
(iii) in subsection (a)(2), by striking ‘‘each pilot
program’’ and inserting ‘‘the pilot program’’;
(iv) in subsection (b), by striking ‘‘LIMITATIONS.—
’’ and all that follows through ‘‘$750,000,000.’’ and
inserting the following: ‘‘LIMITATION ON AMOUNT.—The
total amount obligated for contracts entered into under
the pilot program conducted under this chapter may
not exceed $375,000,000.’’; and
(v) in subsection (c)(1), by striking ‘‘a pilot’’ and
inserting ‘‘the pilot’’.
(B) The following provisions of chapter 115 of such
title are each amended by striking ‘‘a pilot’’ each place
it appears and inserting ‘‘the pilot’’:
(i) Section 11502(a).
(ii) Section 11502(b).
(iii) Section 11503(a).
(iv) Section 11504.
(C) Section 11505 of such chapter is amended by
striking ‘‘programs’’ and inserting ‘‘program’’.
(3) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Section 11522 of title 40, United States Code, is
redesignated as section 11521.
(B) The chapter heading for chapter 115 of such title
is amended by striking ‘‘PROGRAMS’’ and inserting
‘‘PROGRAM’’.
(C) The subchapter heading for subchapter I and for
subchapter II of such chapter are each amended by striking
‘‘PROGRAMS’’ and inserting ‘‘PROGRAM’’.
(D) The item relating to subchapter I in the table
of sections at the beginning of such chapter is amended
to read as follows:
‘‘SUBCHAPTER I—CONDUCT OF PILOT PROGRAM’’.
(E) The item relating to subchapter II in the table
of sections at the beginning of such chapter is amended
to read as follows:
‘‘SUBCHAPTER II—SPECIFIC PILOT PROGRAM’’.
(F) The item relating to section 11501 in the table
of sections at the beginning of such is amended by striking
‘‘programs’’ and inserting ‘‘program’’.
H. R. 2458—41
(G) The table of sections at the beginning of such
chapter is amended by striking the item relating to section
11521 and redesignating the item relating to section 11522
as section 11521.
(H) The item relating to chapter 115 in the table of
chapters for subtitle III of title 40, United States Code,
is amended to read as follows:
‘‘115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM ....11501’’.
(i) DEFINITIONS.—In this section, the terms ‘‘contractor’’,
‘‘savings’’, and ‘‘share-in-savings contract’’ have the meanings given
those terms in section 317 of the Federal Property and Administra-
tive Services Act of 1949 (as added by subsection (b)).
SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECH-
NOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH
FEDERAL SUPPLY SCHEDULES.
(a) AUTHORITY TO USE CERTAIN SUPPLY SCHEDULES.—Section
502 of title 40, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) USE OF CERTAIN SUPPLY SCHEDULES.—
‘‘(1) IN GENERAL.—The Administrator may provide for the
use by State or local governments of Federal supply schedules
of the General Services Administration for automated data
processing equipment (including firmware), software, supplies,
support equipment, and services (as contained in Federal supply
classification code group 70).
‘‘(2) VOLUNTARY USE.—In any case of the use by a State
or local government of a Federal supply schedule pursuant
to paragraph (1), participation by a firm that sells to the
Federal Government through the supply schedule shall be vol-
untary with respect to a sale to the State or local government
through such supply schedule.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘State or local government’ includes any
State, local, regional, or tribal government, or any
instrumentality thereof (including any local educational
agency or institution of higher education).
‘‘(B) The term ‘tribal government’ means—
‘‘(i) the governing body of any Indian tribe, band,
nation, or other organized group or community located
in the continental United States (excluding the State
of Alaska) that is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians, and
‘‘(ii) any Alaska Native regional or village corpora-
tion established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
‘‘(C) The term ‘local educational agency’ has the
meaning given that term in section 8013 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713).
‘‘(D) The term ‘institution of higher education’ has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).’’.
(b) PROCEDURES.—Not later than 30 days after the date of
the enactment of this Act, the Administrator of General Services
shall establish procedures to implement section 501(c) of title 40,
United States Code (as added by subsection (a)).
H. R. 2458—42
(c) REPORT.—Not later than December 31, 2004, the Adminis-
trator shall submit to the Committee on Government Reform of
the House of Representatives and the Committee on Governmental
Affairs of the Senate a report on the implementation and effects
of the amendment made by subsection (a).
SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
(a) PURPOSES.—The purposes of this section are to—
(1) enhance the interoperability of Federal information sys-
tems;
(2) assist the public, including the regulated community,
in electronically submitting information to agencies under Fed-
eral requirements, by reducing the burden of duplicate collec-
tion and ensuring the accuracy of submitted information; and
(3) enable any person to integrate and obtain similar
information held by 1 or more agencies under 1 or more Federal
requirements without violating the privacy rights of an indi-
vidual.
(b) DEFINITIONS.—In this section, the term—
(1) ‘‘agency’’ means an Executive agency as defined under
section 105 of title 5, United States Code; and
(2) ‘‘person’’ means any individual, trust, firm, joint stock
company, corporation (including a government corporation),
partnership, association, State, municipality, commission, polit-
ical subdivision of a State, interstate body, or agency or compo-
nent of the Federal Government.
(c) REPORT.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Director shall oversee a study,
in consultation with agencies, the regulated community, public
interest organizations, and the public, and submit a report
to the Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of Rep-
resentatives on progress toward integrating Federal informa-
tion systems across agencies.
(2) CONTENTS.—The report under this section shall—
(A) address the integration of data elements used in
the electronic collection of information within databases
established under Federal statute without reducing the
quality, accessibility, scope, or utility of the information
contained in each database;
(B) address the feasibility of developing, or enabling
the development of, software, including Internet-based
tools, for use by reporting persons in assembling, docu-
menting, and validating the accuracy of information elec-
tronically submitted to agencies under nonvoluntary, statu-
tory, and regulatory requirements;
(C) address the feasibility of developing a distributed
information system involving, on a voluntary basis, at least
2 agencies, that—
(i) provides consistent, dependable, and timely
public access to the information holdings of 1 or more
agencies, or some portion of such holdings, without
requiring public users to know which agency holds
the information; and
(ii) allows the integration of public information
held by the participating agencies;
H. R. 2458—43
(D) address the feasibility of incorporating other ele-
ments related to the purposes of this section at the discre-
tion of the Director; and
(E) make any recommendations that the Director
deems appropriate on the use of integrated reporting and
information systems, to reduce the burden on reporting
and strengthen public access to databases within and across
agencies.
(d) PILOT PROJECTS TO ENCOURAGE INTEGRATED COLLECTION
AND MANAGEMENT OF DATA AND INTEROPERABILITY OF FEDERAL
INFORMATION SYSTEMS.—
(1) IN GENERAL.—In order to provide input to the study
under subsection (c), the Director shall designate, in consulta-
tion with agencies, a series of no more than 5 pilot projects
that integrate data elements. The Director shall consult with
agencies, the regulated community, public interest organiza-
tions, and the public on the implementation of the pilot projects.
(2) GOALS OF PILOT PROJECTS.—
(A) IN GENERAL.—Each goal described under subpara-
graph (B) shall be addressed by at least 1 pilot project
each.
(B) GOALS.—The goals under this paragraph are to—
(i) reduce information collection burdens by elimi-
nating duplicative data elements within 2 or more
reporting requirements;
(ii) create interoperability between or among public
databases managed by 2 or more agencies using tech-
nologies and techniques that facilitate public access;
and
(iii) develop, or enable the development of, software
to reduce errors in electronically submitted informa-
tion.
(3) INPUT.—Each pilot project shall seek input from users
on the utility of the pilot project and areas for improvement.
To the extent practicable, the Director shall consult with rel-
evant agencies and State, tribal, and local governments in
carrying out the report and pilot projects under this section.
(e) PROTECTIONS.—The activities authorized under this section
shall afford protections for—
(1) confidential business information consistent with section
552(b)(4) of title 5, United States Code, and other relevant
law;
(2) personal privacy information under sections 552(b) (6)
and (7)(C) and 552a of title 5, United States Code, and other
relevant law;
(3) other information consistent with section 552(b)(3) of
title 5, United States Code, and other relevant law; and
(4) confidential statistical information collected under a
confidentiality pledge, solely for statistical purposes, consistent
with the Office of Management and Budget’s Federal Statistical
Confidentiality Order, and other relevant law.
SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
(a) PURPOSES.—The purposes of this section are to—
(1) study and enhance the effectiveness of community tech-
nology centers, public libraries, and other institutions that pro-
vide computer and Internet access to the public; and
H. R. 2458—44
(2) promote awareness of the availability of on-line govern-
ment information and services, to users of community tech-
nology centers, public libraries, and other public facilities that
provide access to computer technology and Internet access to
the public.
(b) STUDY AND REPORT.—Not later than 2 years after the effec-
tive date of this title, the Administrator shall—
(1) ensure that a study is conducted to evaluate the best
practices of community technology centers that have received
Federal funds; and
(2) submit a report on the study to—
(A) the Committee on Governmental Affairs of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Government Reform of the House
of Representatives; and
(D) the Committee on Education and the Workforce
of the House of Representatives.
(c) CONTENTS.—The report under subsection (b) may consider—
(1) an evaluation of the best practices being used by
successful community technology centers;
(2) a strategy for—
(A) continuing the evaluation of best practices used
by community technology centers; and
(B) establishing a network to share information and
resources as community technology centers evolve;
(3) the identification of methods to expand the use of best
practices to assist community technology centers, public
libraries, and other institutions that provide computer and
Internet access to the public;
(4) a database of all community technology centers that
have received Federal funds, including—
(A) each center’s name, location, services provided,
director, other points of contact, number of individuals
served; and
(B) other relevant information;
(5) an analysis of whether community technology centers
have been deployed effectively in urban and rural areas
throughout the Nation; and
(6) recommendations of how to—
(A) enhance the development of community technology
centers; and
(B) establish a network to share information and
resources.
(d) COOPERATION.—All agencies that fund community tech-
nology centers shall provide to the Administrator any information
and assistance necessary for the completion of the study and the
report under this section.
(e) ASSISTANCE.—
(1) IN GENERAL.—The Administrator, in consultation with
the Secretary of Education, shall work with other relevant
Federal agencies, and other interested persons in the private
and nonprofit sectors to—
(A) assist in the implementation of recommendations;
and
H. R. 2458—45
(B) identify other ways to assist community technology
centers, public libraries, and other institutions that provide
computer and Internet access to the public.
(2) TYPES OF ASSISTANCE.—Assistance under this subsection
may include—
(A) contribution of funds;
(B) donations of equipment, and training in the use
and maintenance of the equipment; and
(C) the provision of basic instruction or training mate-
rial in computer skills and Internet usage.
(f) ONLINE TUTORIAL.—
(1) IN GENERAL.—The Administrator, in consultation with
the Secretary of Education, the Director of the Institute of
Museum and Library Services, other relevant agencies, and
the public, shall develop an online tutorial that—
(A) explains how to access Government information
and services on the Internet; and
(B) provides a guide to available online resources.
(2) DISTRIBUTION.—The Administrator, with assistance
from the Secretary of Education, shall distribute information
on the tutorial to community technology centers, public
libraries, and other institutions that afford Internet access to
the public.
(g) PROMOTION
OF COMMUNITY TECHNOLOGY CENTERS.—The
Administrator, with assistance from the Department of Education
and in consultation with other agencies and organizations, shall
promote the availability of community technology centers to raise
awareness within each community where such a center is located.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for the study of best practices at community
technology centers, for the development and dissemination of the
online tutorial, and for the promotion of community technology
centers under this section—
(1) $2,000,000 in fiscal year 2003;
(2) $2,000,000 in fiscal year 2004; and
(3) such sums as are necessary in fiscal years 2005 through
2007.
SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED
INFORMATION TECHNOLOGY.
(a) PURPOSE.—The purpose of this section is to improve how
information technology is used in coordinating and facilitating
information on disaster preparedness, response, and recovery, while
ensuring the availability of such information across multiple access
channels.
(b) IN GENERAL.—
(1) STUDY
ON
ENHANCEMENT
OF
CRISIS
RESPONSE.—Not
later than 90 days after the date of enactment of this Act,
the Administrator, in consultation with the Federal Emergency
Management Agency, shall ensure that a study is conducted
on using information technology to enhance crisis preparedness,
response, and consequence management of natural and man-
made disasters.
(2) CONTENTS.—The study under this subsection shall
address—
(A) a research and implementation strategy for effec-
tive use of information technology in crisis response and
H. R. 2458—46
consequence management, including the more effective use
of technologies, management of information technology
research initiatives, and incorporation of research advances
into the information and communications systems of—
(i) the Federal Emergency Management Agency;
and
(ii) other Federal, State, and local agencies respon-
sible for crisis preparedness, response, and con-
sequence management; and
(B) opportunities for research and development on
enhanced technologies into areas of potential improvement
as determined during the course of the study.
(3) REPORT.—Not later than 2 years after the date on
which a contract is entered into under paragraph (1), the
Administrator shall submit a report on the study, including
findings and recommendations to—
(A) the Committee on Governmental Affairs of the
Senate; and
(B) the Committee on Government Reform of the House
of Representatives.
(4) INTERAGENCY
COOPERATION.—Other Federal depart-
ments and agencies with responsibility for disaster relief and
emergency assistance shall fully cooperate with the Adminis-
trator in carrying out this section.
(5) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for research under this subsection,
such sums as are necessary for fiscal year 2003.
(c) PILOT PROJECTS.—Based on the results of the research con-
ducted under subsection (b), the Administrator, in consultation
with the Federal Emergency Management Agency, shall initiate
pilot projects or report to Congress on other activities that further
the goal of maximizing the utility of information technology in
disaster management. The Administrator shall cooperate with other
relevant agencies, and, if appropriate, State, local, and tribal
governments, in initiating such pilot projects.
SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.
(a) STUDY AND REPORT.—
(1) STUDY.—Not later than 90 days after the date of enact-
ment of this Act, the Administrator of General Services shall
request that the National Academy of Sciences, acting through
the National Research Council, enter into a contract to conduct
a study on disparities in Internet access for online Government
services.
(2) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Administrator of General Services shall
submit to the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform of the House of
Representatives a final report of the study under this section,
which shall set forth the findings, conclusions, and rec-
ommendations of the National Research Council.
(b) CONTENTS.—The report under subsection (a) shall include
a study of—
(1) how disparities in Internet access influence the effective-
ness of online Government services, including a review of—
(A) the nature of disparities in Internet access;
(B) the affordability of Internet service;
H. R. 2458—47
(C) the incidence of disparities among different groups
within the population; and
(D) changes in the nature of personal and public Inter-
net access that may alleviate or aggravate effective access
to online Government services;
(2) how the increase in online Government services is influ-
encing the disparities in Internet access and how technology
development or diffusion trends may offset such adverse influ-
ences; and
(3) related societal effects arising from the interplay of
disparities in Internet access and the increase in online Govern-
ment services.
(c) RECOMMENDATIONS.—The report shall include recommenda-
tions on actions to ensure that online Government initiatives shall
not have the unintended result of increasing any deficiency in
public access to Government services.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $950,000 in fiscal year 2003 to carry out this
section.
SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYS-
TEMS.
(a) PURPOSES.—The purposes of this section are to—
(1) reduce redundant data collection and information; and
(2) promote collaboration and use of standards for govern-
ment geographic information.
(b) DEFINITION.—In this section, the term ‘‘geographic informa-
tion’’ means information systems that involve locational data, such
as maps or other geospatial information resources.
(c) IN GENERAL.—
(1) COMMON PROTOCOLS.—The Administrator, in consulta-
tion with the Secretary of the Interior, working with the
Director and through an interagency group, and working with
private sector experts, State, local, and tribal governments,
commercial and international standards groups, and other
interested parties, shall facilitate the development of common
protocols for the development, acquisition, maintenance, dis-
tribution, and application of geographic information. If prac-
ticable, the Administrator shall incorporate intergovernmental
and public private geographic information partnerships into
efforts under this subsection.
(2) INTERAGENCY GROUP.—The interagency group referred
to under paragraph (1) shall include representatives of the
National Institute of Standards and Technology and other agen-
cies.
(d) DIRECTOR.—The Director shall oversee—
(1) the interagency initiative to develop common protocols;
(2) the coordination with State, local, and tribal govern-
ments, public private partnerships, and other interested per-
sons on effective and efficient ways to align geographic informa-
tion and develop common protocols; and
(3) the adoption of common standards relating to the proto-
cols.
(e) COMMON
PROTOCOLS.—The common protocols shall be
designed to—
H. R. 2458—48
(1) maximize the degree to which unclassified geographic
information from various sources can be made electronically
compatible and accessible; and
(2) promote the development of interoperable geographic
information systems technologies that shall—
(A) allow widespread, low-cost use and sharing of
geographic data by Federal agencies, State, local, and tribal
governments, and the public; and
(B) 
enable 
the 
enhancement 
of 
services 
using
geographic data.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section, for each of the fiscal years 2003 through 2007.
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.—Chapter 35 of title 44, United States
Code, is amended by adding at the end the following new
subchapter:
‘‘SUBCHAPTER III—INFORMATION SECURITY
‘‘§ 3541. Purposes
‘‘The purposes of this subchapter are to—
‘‘(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
‘‘(2) recognize the highly networked nature of the current
Federal 
computing 
environment 
and 
provide 
effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;
‘‘(3) provide for development and maintenance of minimum
controls required to protect Federal information and informa-
tion systems;
‘‘(4) provide a mechanism for improved oversight of Federal
agency information security programs;
‘‘(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for
the protection of critical information infrastructures important
to the national defense and economic security of the nation
that are designed, built, and operated by the private sector;
and
‘‘(6) recognize that the selection of specific technical hard-
ware and software information security solutions should be
left to individual agencies from among commercially developed
products.
H. R. 2458—49
‘‘§ 3542. Definitions
‘‘(a) IN GENERAL.—Except as provided under subsection (b),
the definitions under section 3502 shall apply to this subchapter.
‘‘(b) ADDITIONAL DEFINITIONS.—As used in this subchapter:
‘‘(1) The term ‘information security’ means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in order
to provide—
‘‘(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
‘‘(B) confidentiality, which means preserving author-
ized restrictions on access and disclosure, including means
for protecting personal privacy and proprietary information;
and
‘‘(C) availability, which means ensuring timely and
reliable access to and use of information.
‘‘(2)(A) The term ‘national security system’ means any
information system (including any telecommunications system)
used or operated by an agency or by a contractor of an agency,
or other organization on behalf of an agency—
‘‘(i) the function, operation, or use of which—
‘‘(I) involves intelligence activities;
‘‘(II) involves cryptologic activities related to
national security;
‘‘(III) involves command and control of military
forces;
‘‘(IV) involves equipment that is an integral part
of a weapon or weapons system; or
‘‘(V) subject to subparagraph (B), is critical to the
direct fulfillment of military or intelligence missions;
or
‘‘(ii) is protected at all times by procedures established
for information that have been specifically authorized under
criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national
defense or foreign policy.
‘‘(B) Subparagraph (A)(i)(V) does not include a system that
is to be used for routine administrative and business applica-
tions (including payroll, finance, logistics, and personnel
management applications).
‘‘(3) The term ‘information technology’ has the meaning
given that term in section 11101 of title 40.
‘‘§ 3543. Authority and functions of the Director
‘‘(a) IN GENERAL.—The Director shall oversee agency informa-
tion security policies and practices, including—
‘‘(1) developing and overseeing the implementation of poli-
cies, principles, standards, and guidelines on information secu-
rity, including through ensuring timely agency adoption of and
compliance with standards promulgated under section 11331
of title 40;
‘‘(2) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements
of this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the