The Clinger Cohen Act of 1996

DEPARTMENT OF DEFENSE

CHIEF INFORMATION OFFICER

DESK REFERENCE

VOLUME I

FOUNDATION DOCUMENTS

August 2006

Table of Contents

Clinger Cohen Act of 1996, Title 40................................................................. 1

Information Technology Management Reform Act, Condensed....................2

Federal Acquisition Reform Act, Condensed ...........................................3

Information Technology: Additional Responsibilities of Chief

Information Officers ................................................................................. 22

Paperwork Reduction Act............................................................................... 24

E-Government Act of 2002.............................................................................. 54

DoD Directive 5144.1...................................................................................... 149

DoD Directive 8000.1...................................................................................... 166

Definitions and Acronyms of Commonly Used DoD CIO Terms .......... 180

Table of Contents - Volume II, Supplemental Materials ......................... 190

Editor’s note: We have provided condensed versions of some of the

laws, followed by their full texts.

Clinger Cohen Act of 1996, Title 40

U.S. Code 40 U.S.C. 1401 et seq.

Public

Law

104-106, Division E

Date February 10, 1996

Reports U.S. House. Conference Report. H. Report 104-450

URL Division D – Federal Acquisition Reform Act of 1996

http://uscode.house.gov/download/title_40.shtml

Division E – The Information Technology Management Reform

Act of 1996 http://uscode.house.gov/download/title_40.shtml

Editor’s note: The Information Technology Management Reform Act

(ITMRA) (Division E) and the Federal Acquisition Reform Act (FARA)

(Division D) were signed into law as part of the National Defense

Authorization Act for Fiscal Year 1996. The ITMRA and FARA were

subsequently designated the Clinger Cohen Act of 1996 (CCA),

encompassing both. This is the first time in law that Chief Information

Officers are established in government agencies, along with listing their

roles and responsibilities. In addition, the ITMRA directs Federal

agencies to focus more on the results achieved through IT investments

while streamlining the Federal IT procurement process. Specifically,

the ITMRA emphasizes rigor and structure in how agencies approach the

selection and management of IT projects. FARA increases the discretion

of contracting officers in an effort to promote efficient competition.

FARA also permits the use of Simplified Acquisition Procedures in the

acquisition of commercial items up to $5 million.

An earlier version of the legislation (H.R. 1530/S. 1026) was vetoed by the

President on December 22, 1995. U.S. House, Committee on National Security,

H. Report No. 104-131; U.S. Senate, Committee on Armed Services, S. Report

No. 104-112; U.S. House, Conference Report, H. Report No. 104-406

Clinger Cohen Act of 1996

Information Technology Management Reform Act, Condensed

The Office Management and Budget (OMB) Director is responsible

for improving the acquisition, use, and disposal of information

technology (IT) to improve Federal programs. OMB is to develop

process for analyzing, tracking, and evaluating the risks and results of all

major IT investments by Federal agencies. OMB shall evaluate the

Information Resources Management (IRM) practices of executive

agencies with respect to the performance and results of IT investments;

and implement reviews of executive agency activities through the budget

process. To enforce accountability for IRM and IT investments, OMB

may (1) influence IRM budgets, (2) use administrative controls to restrict

agency funds, and (3) designate an executive agent to contract out for

agencies’ IT management and acquisition.

Agency heads are to design and implement processes for maximizing

the value and managing the risks of their IT acquisitions. This provides

for the selection of investments using minimum criteria on whether to

undertake an investment and gives a means for senior management to

obtain timely information on cost, capability of the system to meet

requirements, timeliness and quality. IT investment processes are to be

integrated with the processes for making budget, financial, and program

management decisions.

ITMRA establishes in law, Chief Information Officers (CIO) for

Federal agencies. CIOs are responsible for providing advice and

assistance to agency heads on IT acquisition and IRM. The CIO is

responsible for developing, maintaining and facilitating the

implementation of a sound and integrated IT architecture. The

architecture is an integrated framework for evolving or maintaining

existing IT and acquiring new IT. The agency heads shall identify in the

agency's IRM plan (required by the Paperwork Reduction Act (PRA)),

major IT acquisition programs that have significantly deviated from their

respective cost, performance or schedule goals.

Agency heads shall ensure IT performance measurements are

prescribed for acquisition and use and that they measure how well IT

supports agency programs. CIOs are to monitor performance of IT

programs, evaluate the performance of those programs based on

Source: GAO

Clinger Cohen Act of 1996

measures, and advise agency heads on continuing, modifying or

terminating the programs or projects. Agency heads are to establish

policies and procedures that (1) ensure information systems are designed,

developed, maintained and used effectively; and (2) ensure program

performance data are provided on a reliable, consistent and timely basis.

Federal Acquisition Reform Act, Condensed

Section 4101, Efficient Competition. This provision makes no

change to the Competition and Contracting Act. The Federal Acquisition

Regulations (FAR) shall ensure that the requirement to obtain full and

open competition is implemented in a manner that is consistent with the

need to efficiently fulfill the Government's requirements.

Section 4102, Efficient Competitive Range Determinations. “The

conferees intend that the determination of the competitive range be made

after the initial evaluation of proposals, on the basis of the rating of those

proposals. The rating shall be made on the basis of price, quality and

other factors specified in the solicitation for the evaluation of proposals."

Section 4201, Commercial Item Exception to Requirement for

Certified Cost or Pricing Data. Submission of certified cost or pricing

data shall not be required for the acquisition of a commercial item [this is

a new exception]. The contracting officer is still authorized to require the

submission of information other than certified cost or pricing data to

determine price reasonableness.

Section 4202, Application of Simplified Procedures to Certain

Commercial Items. Authorizes the establishment in the FAR of

simplified procedures for acquisitions within a certain dollar range (not

to exceed $5,000,000) when the contracting officer reasonably expects

that offers will include only commercial items.

Division D, Federal Acquisition Reform Act (FARA) of 1996. FARA provisions are based on H.R. 1670,

which was introduced jointly on 5/18/95 by Rep. William Clinger, Chairman, Government Reform and

Oversight Committee, and Rep. Floyd Spence, Chairman, National Security Committee, and which passed the

full House 423-0 on 9/14/95.

1/22/96 Conference Report that accompanies S.1124

Clinger Cohen Act of 1996

Clinger-Cohen Act of 1996

Short Title

This Act may be cited as the “National Defense Authorization Act

for Fiscal Year 1996”.

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE

SERVICES

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

SUBTITLE IV - APPALACHIAN REGIONAL DEVELOPMENT

SUBTITLE V - MISCELLANEOUS

CHAPTER 111 - GENERAL

CHAPTER 113 - RESPONSIBILITY FOR ACQUISITIONS OF

INFORMATION TECHNOLOGY

CHAPTER 115 - INFORMATION TECHNOLOGY

ACQUISITION PILOT PROGRAM

CHAPTER 117 - ADDITIONAL INFORMATION RESOURCES

MANAGEMENT MATTERS

TITLE 40 - SUBTITLE III - CHAPTER 111 - GENERAL

§ 11101. Definitions

§ 11102. Sense of Congress

§ 11103. Applicability to national security systems

TITLE 40 - SUBTITLE III - CHAPTER 113 - RESPONSIBILITY

FOR ACQUISITIONS OF INFORMATION TECHNOLOGY

SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT

AND BUDGET

SUBCHAPTER II - EXECUTIVE AGENCIES

SUBCHAPTER III - OTHER RESPONSIBILITIES

TITLE 40 - SUBTITLE III - CHAPTER 113

SUBCHAPTER I - DIRECTOR OF OFFICE OF MANAGEMENT

AND BUDGET

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§ 11301. Responsibility of Director

§ 11302. Capital planning and investment control

§ 11303. Performance-based and results-based management

TITLE 40 - SUBTITLE III - CHAPTER 113

SUBCHAPTER II - EXECUTIVE AGENCIES

§ 11311. Responsibilities

§ 11312. Capital planning and investment control

§ 11313. Performance and results-based management

§ 11314. Authority to acquire and manage information technology

§ 11315. Agency Chief Information Officer

§ 11316. Accountability

§ 11317. Significant deviations

§ 11318. Interagency support

TITLE 40 - SUBTITLE III - CHAPTER 113

SUBCHAPTER III- OTHER RESPONSIBILITIES

§ 11331. Responsibilities for Federal information systems standards

[§ 11332. Repealed.]

TITLE 40 - SUBTITLE III - CHAPTER 115 - INFORMATION

TECHNOLOGY ACQUISITION PILOT PROGRAM

SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

SUBCHAPTER II - SPECIFIC PILOT PROGRAM

TITLE 40 - SUBTITLE III - CHAPTER 115

SUBCHAPTER I - CONDUCT OF PILOT PROGRAM

§ 11501. Authority to conduct pilot program

§ 11502. Evaluation criteria and plans

§ 11503. Report

§ 11504. Recommended legislation

§ 11505. Rule of construction

TITLE 40 - SUBTITLE III - CHAPTER 115

SUBCHAPTER II - SPECIFIC PILOT PROGRAM

[§ 11521. Repealed.]

[§ 11522. Repealed.]

Clinger Cohen Act of 1996

TITLE 40 - SUBTITLE III - CHAPTER 117 - ADDITIONAL

INFORMATION RESOURCES MANAGEMENT MATTERS

§ 11701. Identification of excess and surplus computer equipment

§ 11702. Index of certain information in information systems

included in directory established under section 4101 of title 44

§ 11703. Procurement procedures

[§ 11704. Renumbered §11703]

TITLE 40 - SUBTITLE III - CHAPTER 111

§ 11101. Definitions

In this subtitle, the following definitions apply:

(1) Commercial item.- The term “commercial item” has the meaning

given that term in section 4 of the Office of Federal Procurement Policy

Act (41 U.S.C. 403).

(2) Executive agency.- The term “executive agency” has the meaning

given that term in section 4 of the Act (41 U.S.C. 403).

(3) Information resources.- The term “information resources” has the

meaning given that term in section

3502 of title 44.

(4) Information resources management.- The term “information

resources management” has the meaning given that term in section

3502

of title

44.

(5) Information system.- The term “information system” has the

meaning given that term in section

3502 of title 44.

(6) Information technology.- The term “information technology”-

(A)

with respect to an executive agency means any equipment or

interconnected system or subsystem of equipment, used in the automatic

acquisition, storage, manipulation, management, movement, control,

display, switching, interchange, transmission, or reception of data or

information by the executive agency, if the equipment is used by the

executive agency directly or is used by a contractor under a contract with

the executive agency that requires the use –

(i)

of that equipment; or

(ii)

of that equipment to a significant extent in the performance of a

service or the furnishing of a product;

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(B) includes computers, ancillary equipment, software, firmware and

similar procedures, services (including support services), and related

resources; but

incidental to a federal contract.

TITLE 40 - SUBTITLE III - CHAPTER 111

§ 11102. Sense of Congress

It is the sense of Congress that, during the five-year period beginning

with 1996, executive agencies should achieve each year through

improvements in information resources management by the agency-

(1) at least a five percent decrease in the cost (in constant fiscal year

1996 dollars) incurred by the agency in operating and maintaining

information technology; and

(2) a five percent increase in the efficiency of the agency operations.

TITLE 40 - SUBTITLE III - CHAPTER 111

§ 11103. Applicability to national security systems

(a) Definition.-

(1) National security system. - In this section, the term “national security

system” means a telecommunications or information system operated by the

Federal Government, the function, operation, or use of which –

(A) involves intelligence activities;

(B) involves cryptologic activities related to national security;

(D) involves equipment that is an integral part of a weapon or

weapons system; or

(E) subject to paragraph (2), is critical to the direct fulfillment of

military or intelligence missions.

(2) Limitation.- Paragraph (1)(E) does not include a system to be

used for routine administrative and business applications (including

payroll, finance, logistics, and personnel management applications).

(b) In General.- Except as provided in subsection (c), chapter 113 of

this title does not apply to national security systems.

Clinger Cohen Act of 1996

(1) In general.- Sections 11313, 11315, and 11316 of this title apply

to national security systems.

(2) Capital planning and investment control.- The heads of executive

agencies shall apply sections 11302 and 11312 of this title to national

security systems to the extent practicable.

(3) Applicability of performance-based and results-based

management to national security systems.

(A) In general.- Subject to subparagraph (B), the heads of executive

agencies shall apply section

11303 of this title to national security

systems to the extent practicable.

(B) Exception.-National security systems are subject to section 11303

(b)(5) of this title, except for subparagraph (B)(iv).

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER I -

§ 11301. Responsibility of Director

In fulfilling the responsibility to administer the functions assigned under

chapter 35 of title 44, the Director of the Office of Management and Budget

shall comply with this chapter with respect to the specific matters covered by

this chapter.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER I -

§ 11302. Capital planning and investment control

(a) Federal Information Technology.- The Director of the Office of

Management and Budget shall perform the responsibilities set forth in this

section in fulfilling the responsibilities under section 3504 (h) of title 44.

(b) Use of Information Technology in Federal Programs - The

Director shall promote and improve the acquisition, use, and disposal of

information technology by the Federal Government to improve the

productivity, efficiency, and effectiveness of federal programs, including

through dissemination of public information and the reduction of

information collection burdens on the public.

(1) Analyzing, tracking, and evaluating capital investments.- As part of

the budget process, the Director shall develop a process for analyzing,

tracking, and evaluating the risks and results of all major capital investments

made by an executive agency for information systems. The process shall cover

Clinger Cohen Act of 1996

the life of each system and shall include explicit criteria for analyzing the

projected and actual costs, benefits, and risks associated with the investments.

(2) Report to Congress.- At the same time that the President submits the

budget for a fiscal year to Congress under section 1105 (a) of title 31, the

Director shall submit to Congress a report on the net program performance

benefits achieved as a result of major capital investments made by executive

agencies for information systems and how the benefits relate to the

accomplishment of the goals of the executive agencies.

(d) Information Technology Standards.-The Director shall oversee

the development and implementation of standards and guidelines

pertaining to federal computer systems by the Secretary of Commerce

through the National Institute of Standards and Technology under section

11331 of this title and section 20 of the National Institute of Standards

and Technology Act (15 U.S.C. 278g–3).

(e) Designation of Executive Agents for Acquisitions - The Director

shall designate the head of one or more executive agencies, as the

Director considers appropriate, as executive agent for Government-wide

acquisitions of information technology.

(f) Use of Best Practices in Acquisitions - The Director shall

encourage the heads of the executive agencies to develop and use the

best practices in the acquisition of information technology.

(g) Assessment of Other Models for Managing Information Technology -

On a continuing basis, the Director shall assess the experiences of executive

agencies, state and local governments, international organizations, and the

private sector in managing information technology.

(h) Comparison of Agency Uses of Information Technology - The

Director shall compare the performances of the executive agencies in using

information technology and shall disseminate the comparisons to the heads of

the executive agencies.

(i) Monitoring Training - The Director shall monitor the development and

implementation of training in information resources management for

executive agency personnel.

(j) Informing Congress - The Director shall keep Congress fully informed

on the extent to which the executive agencies are improving the performance

of agency programs and the accomplishment of the agency missions through

the use of the best practices in information resources management.

Clinger Cohen Act of 1996

(k) Coordination of Policy Development and Review - The Director

shall coordinate with the Office of Federal Procurement Policy the

development and review by the Administrator of the Office of

Information and Regulatory Affairs of policy associated with federal

acquisition of information technology.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER I -

§ 11303. Performance-based and results-based management

(a) In General.- The Director of the Office of Management and

Budget shall encourage the use of performance-based and results-based

management in fulfilling the responsibilities assigned under section 3504

(h) of title 44.

(b) Evaluation of Agency Programs and Investments.-

(1) Requirement.-The Director shall evaluate the information

resources management practices of the executive agencies with respect to the

performance and results of the investments made by the executive agencies in

information technology.

(2) Direction for executive agency action. - The Director shall issue to the

head of each executive agency clear and concise direction that the head of

each agency shall -

(A) establish effective and efficient capital planning processes for

selecting, managing, and evaluating the results of all of its major investments

in information systems;

(B) determine, before making an investment in a new information system-

(i) whether the function to be supported by the system should be

performed by the private sector and, if so, whether any component of the

executive agency performing that function should be converted from a

governmental organization to a private sector organization; or

(ii) whether the function should be performed by the executive

agency and, if so, whether the function should be performed by a private

sector source under contract or by executive agency personnel;

analysis, revise the executive agency’s mission-related processes and

administrative processes, as appropriate, before making significant

Clinger Cohen Act of 1996

investments in information technology to be used in support of those

missions; and

(D) ensure that the information security policies, procedures, and

practices are adequate.

(3) Guidance for multiagency investments.- The direction issued

under paragraph (2) shall include guidance for undertaking efficiently

and effectively interagency and Federal Government-wide investments in

information technology to improve the accomplishment of missions that

are common to the executive agencies.

(4) Periodic reviews - The Director shall implement through the

budget process periodic reviews of selected information resources

management activities of the executive agencies to ascertain the

efficiency and effectiveness of information technology in improving the

performance of the executive agency and the accomplishment of the

missions of the executive agency.

(5) Enforcement of accountability.-

(A) In general.- The Director may take any action that the Director

considers appropriate, including an action involving the budgetary

process or appropriations management process, to enforce accountability

of the head of an executive agency for information resources

management and for the investments made by the executive agency in

information technology.

(B) Specific actions - Actions taken by the Director may include -

(i) recommending a reduction or an increase in the amount for

information resources that the head of the executive agency proposes for

the budget submitted to Congress under section

1105 (a) of title 31;

(ii) reducing or otherwise adjusting apportionments and

reapportionments of appropriations for information resources;

(iii) using other administrative controls over appropriations to restrict

the availability of amounts for information resources; and

(iv) designating for the executive agency an executive agent to

contract with private sector sources for the performance of information

resources management or the acquisition of information technology.

Clinger Cohen Act of 1996

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11311. Responsibilities

In fulfilling the responsibilities assigned under chapter 35 of title 44,

the head of each executive agency shall comply with this subchapter with

respect to the specific matters covered by this subchapter.

§ 11312. Capital planning and investment control

(a) Design of Process. - In fulfilling the responsibilities assigned

under section

3506 (h) of title 44, the head of each executive agency

shall design and implement in the executive agency a process for

maximizing the value, and assessing and managing the risks, of the

information technology acquisitions of the executive agency.

(b) Content of Process.- The process of an executive agency shall -

(1) provide for the selection of information technology investments

to be made by the executive agency, the management of those

investments, and the evaluation of the results of those investments;

(2) be integrated with the processes for making budget, financial, and

program management decisions in the executive agency;

(3) include minimum criteria to be applied in considering whether to

undertake a particular investment in information systems, including criteria

related to the quantitatively expressed projected net, risk-adjusted return on

investment and specific quantitative and qualitative criteria for comparing and

prioritizing alternative information systems investment projects;

(4) identify information systems investments that would result in shared

benefits or costs for other federal agencies or state or local governments;

(5) identify quantifiable measurements for determining the net

benefits and risks of a proposed investment; and

(6) provide the means for senior management personnel of the

executive agency to obtain timely information regarding the

progress of an investment in an information system, including a

system of milestones for measuring progress, on an independently

Clinger Cohen Act of 1996

verifiable basis, in terms of cost, capability of the system to meet

specified requirements, timeliness, and quality.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11313. Performance and results-based management

In fulfilling the responsibilities under section 3506 (h) of title 44, the

head of an executive agency shall -

(1)

establish goals for improving the efficiency and effectiveness of

agency operations and, as appropriate, the delivery of services to the

public through the effective use of information technology;

(2) prepare an annual report, to be included in the executive agency’s

budget submission to Congress, on the progress in achieving the goals;

(3) ensure that performance measurements -

(A) are prescribed for information technology used by, or to be

acquired for, the executive agency; and

(B) measure how well the information technology supports programs

of the executive agency;

(4) where comparable processes and organizations in the public or

private sectors exist, quantitatively benchmark agency process

performance against those processes in terms of cost, speed, productivity,

and quality of outputs and outcomes;

(5) analyze the missions of the executive agency and, based on the

analysis, revise the executive agency’s mission-related processes and

administrative processes as appropriate before making significant

investments in information technology to be used in support of the

performance of those missions; and

(6) ensure that the information security policies, procedures, and

practices of the executive agency are adequate.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11314. Authority to acquire and manage information technology

(a) In General.- The authority of the head of an executive agency to

acquire information technology includes-

(1) acquiring information technology as authorized by law;

Clinger Cohen Act of 1996

(2) making a contract that provides for multiagency acquisitions of

information technology in accordance with guidance issued by the

Director of the Office of Management and Budget; and

(3) if the Director finds that it would be advantageous for the Federal

Government to do so, making a multiagency contract for procurement of

commercial items of information technology that requires each executive

agency covered by the contract, when procuring those items, to procure

the items under that contract or to justify an alternative procurement of

the items.

(b) FTS 2000 Program.— The Administrator of General Services

shall continue to manage the FTS 2000 program, and to coordinate the

follow-on to that program, for and with the advice of the heads of

executive agencies.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11315. Agency Chief Information Officer

(a) Definition.- In this section, the term “information technology

architecture”, with respect to an executive agency, means an integrated

framework for evolving or maintaining existing information technology

and acquiring new information technology to achieve the agency’s

strategic goals and information resources management goals.

(b) General Responsibilities - The Chief Information Officer of an

executive agency is responsible for -

(1) providing advice and other assistance to the head of the executive

agency and other senior management personnel of the executive agency

to ensure that information technology is acquired and information

resources are managed for the executive agency in a manner that

implements the policies and procedures of this subtitle, consistent with

chapter 35 of title 44 and the priorities established by the head of the

executive agency;

(2) developing, maintaining, and facilitating the implementation of a

sound and integrated information technology architecture for the executive

agency; and

(3) promoting the effective and efficient design and operation of all major

information resources management processes for the executive agency,

including improvements to work processes of the executive agency.

Clinger Cohen Act of 1996

agency listed in section 901 (b) of title 31—

(1) has information resources management duties as that official’s

primary duty;

(2) monitors the performance of information technology programs of

the agency, evaluates the performance of those programs on the basis of

the applicable performance measurements, and advises the head of the

agency regarding whether to continue, modify, or terminate a program or

project; and

(3) annually, as part of the strategic planning and performance

evaluation process required (subject to section

1117 of title 31) under

section 306 of title 5 and sections 1105 (a)(28), 1115–1117, and 9703 (as

added by section 5(a) of the Government Performance and Results Act of

1993 (Public Law 103–62, 107 Stat. 289)) of title 31-

(A) assesses the requirements established for agency personnel

regarding knowledge and skill in information resources management

and the adequacy of those requirements for facilitating the

achievement of the performance goals established for information

resources management;

(B) assesses the extent to which the positions and personnel at the

executive level of the agency and the positions and personnel at

management level of the agency below the executive level meet those

requirements;

professional development to rectify any deficiency in meeting those

requirements; and

(D) reports to the head of the agency on the progress made in

improving information resources management capability.

Clinger Cohen Act of 1996

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11316. Accountability

The head of each executive agency, in consultation with the Chief

Information Officer and the Chief Financial Officer of that executive

agency (or, in the case of an executive agency without a chief financial

officer, any comparable official), shall establish policies and procedures

to ensure that

(1) the accounting, financial, asset management, and other

information systems of the executive agency are designed, developed,

maintained, and used effectively to provide financial or program

performance data for financial statements of the executive agency;

(2) financial and related program performance data are provided on a

reliable, consistent, and timely basis to executive agency financial

management systems; and

(3) financial statements support -

(A) assessments and revisions of mission-related processes and

administrative processes of the executive agency; and

(B) measurement of the performance of investments made by the

agency in information systems.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11317. Significant deviations

The head of each executive agency shall identify in the strategic

information resources management plan required under section

3506 (b)(2) of

title 44 any major information technology acquisition program, or any phase

or increment of that program, that has significantly deviated from the cost,

performance, or schedule goals established for the program.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER II -

§ 11318. Interagency support

The head of an executive agency may use amounts available to the

agency for oversight, acquisition, and procurement of information

technology to support jointly with other executive agencies the activities

of interagency groups that are established to advise the Director of the

Office of Management and Budget in carrying out the Director’s

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responsibilities under this chapter. The use of those amounts for that

purpose is subject to requirements and limitations on uses and amounts

that the Director may prescribe. The Director shall prescribe the

requirements and limitations during the Director’s review of the

executive agency’s proposed budget submitted to the Director by the

head of the executive agency for purposes of section

1105 of title 31.

TITLE 40 - SUBTITLE III - CHAPTER 113 - SUBCHAPTER III -

§ 11331. Responsibilities for Federal information systems standards

(a) Definition. In this section, the term “information security” has the

meaning given that term in section

3532 (b)(1) of title 44.

(b) Requirement to Prescribe Standards. -

(1) In general.-

(A) Requirement.- Except as provided under paragraph (2), the

Director of the Office of Management and Budget shall, on the basis of

proposed standards developed by the National Institute of Standards and

Technology pursuant to paragraphs (2) and (3) of section 20(a) of the

National Institute of Standards and Technology Act (15 U.S.C. 278g–

(a) and in consultation with the Secretary of Homeland Security,

promulgate information security standards pertaining to Federal

information systems.

(B) Required standards. - Standards promulgated under

subparagraph (A) shall include -

(i) standards that provide minimum information security

requirements as determined under section 20(b) of the National Institute

of Standards and Technology Act (

15 U.S.C. 278g–3 (b)); and

(ii) such standards that are otherwise necessary to improve the

efficiency of operation or security of Federal information systems.

described under subparagraph (B) shall be compulsory and binding.

(2) Standards and guidelines for national security systems.- Standards and

guidelines for national security systems, as defined under section 3532 (3) of

title

44, shall be developed, promulgated, enforced, and overseen as otherwise

authorized by law and as directed by the President.

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may employ standards for the cost-effective information security for all

operations and assets within or under the supervision of that agency that

are more stringent than the standards promulgated by the Director under

this section, if such standards -

(1) contain, at a minimum, the provisions of those applicable

standards made compulsory and binding by the Director; and

(2) are otherwise consistent with policies and guidelines issued under

section

3533 of title 44.

(d) Requirements Regarding Decisions by Director -

(1) Deadline.- The decision regarding the promulgation of any

standard by the Director under subsection (b) shall occur not later than 6

months after the submission of the proposed standard to the Director by

the National Institute of Standards and Technology, as provided under

section 20 of the National Institute of Standards and Technology Act (15

U.S.C. 278g–3).

(2) Notice and comment.- A decision by the Director to significantly

modify, or not promulgate, a proposed standard submitted to the Director

by the National Institute of Standards and Technology, as provided under

section 20 of the National Institute of Standards and Technology Act (15

U.S.C. 278g–3), shall be made after the public is given an opportunity to

comment on the Director’s proposed decision.

TITLE 40

- SUBTITLE III - CHAPTER 113 - SUBCHAPTER III -

§ 11332. Repealed. Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25,

2002, 116 Stat. 2272; Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002,

116 Stat. 2960] Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1244,

related to Federal computer system security training and plan.

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER I -

§ 11501. Authority to conduct pilot program

(a) In General -

(1) Purpose - In consultation with the Administrator for the Office of

Information and Regulatory Affairs, the Administrator for Federal

Procurement Policy may conduct a pilot program pursuant to the requirements

Clinger Cohen Act of 1996

of section 11521 of this title

[1]

to test alternative approaches for the acquisition

of information technology by executive agencies.

(2) Multiagency, multi-activity conduct of each program.— Except

as otherwise provided in this chapter, the pilot program conducted under

this chapter shall be carried out in not more than two procuring activities

in each of the executive agencies that are designated by the

Administrator for Federal Procurement Policy in accordance with this

chapter to carry out the pilot program. With the approval of the

Administrator for Federal Procurement Policy, the head of each

designated executive agency shall select the procuring activities of the

executive agency that are to participate in the test and shall designate a

procurement testing official who shall be responsible for the conduct and

evaluation of the pilot program within the executive agency.

(b) 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. The Administrator for Federal

Procurement Policy shall monitor those contracts and ensure that

contracts are not entered into in violation of this subsection.

(1) In general.- Subject to paragraph (2), the pilot program may be

carried out under this chapter for the period, not in excess of five years,

the Administrator for Federal Procurement Policy determines is

sufficient to establish reliable results.

(2) Continuing validity of contracts.- A contract entered into under

the pilot program before the expiration of that program remains in effect

according to the terms of the contract after the expiration of the program.

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER I -

§ 11502. Evaluation criteria and plans

(a) Measurable Test Criteria.- To the maximum extent practicable,

the head of each executive agency conducting the pilot program under

section 11501 of this title shall establish measurable criteria for

evaluating the effects of the procedures or techniques to be tested under

the program.

(b) Test Plan.- Before the pilot program may be conducted under

section 11501 of this title, the Administrator for Federal Procurement

Clinger Cohen Act of 1996

Policy shall submit to Congress a detailed test plan for the program,

including a detailed description of the procedures to be used and a list of

regulations that are to be waived.

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER I -

§ 11503. Report

(a) Requirement.— Not later than 180 days after the completion of the

pilot program under this chapter, the Administrator for Federal Procurement

Policy shall-

(1) submit to the Director of the Office of Management and Budget a

report on the results and findings under the program; and

(2) provide a copy of the report to Congress.

(b) Content.- The report shall include

(1) a detailed description of the results of the program, as measured by the

criteria established for the program; and

(2) a discussion of legislation that the Administrator recommends, or

changes in regulations that the Administrator considers necessary, to improve

overall information resources management in the Federal Government.

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER I -

§ 11504. Recommended legislation

If the Director of the Office of Management and Budget determines

that the results and findings under the pilot program under this chapter

indicate that legislation is necessary or desirable to improve the process

for acquisition of information technology, the Director shall transmit the

Director’s recommendations for that legislation to Congress.

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER I -

§ 11505. Rule of construction

This chapter does not authorize the appropriation or obligation of

amounts for the pilot program authorized under this chapter.

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER II -

§ 11521. Repealed. Pub. L. 107–347, title II, § 210(h)(1), Dec. 17,

2002, 116 Stat. 2938]

Section,

Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to

the share-in-savings pilot program.

Clinger Cohen Act of 1996

TITLE 40 - SUBTITLE III - CHAPTER 115 - SUBCHAPTER II -

§ 11522. Repealed. Pub. L. 107–314, div. A, title VIII, § 825(b)(1),

Dec. 2, 2002, 116 Stat. 2615]

Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to a

pilot program to test the feasibility of using solutions-based contracting

for the acquisition of information technology. Subsequent to repeal, Pub.

L. 107–347, title II, § 210(h)(3)(A), Dec. 17, 2002, 116 Stat. 2938,

directed that this section be renumbered section 11521 of this title.

TITLE 40 - SUBTITLE III - CHAPTER 117 -

§ 11701. Identification of excess and surplus computer equipment

In accordance with chapter 5 of this title, the head of an executive

agency shall maintain an inventory of all computer equipment under the

control of that official that is excess or surplus property.

TITLE 40 - SUBTITLE III - CHAPTER 117 - § 11702

§ 11702. Index of certain information in information systems

included in directory established under section 4101 of title 44

If in designing an information technology system pursuant to this

subtitle, the head of an executive agency determines that a purpose of the

system is to disseminate information to the public, then the head of that

executive agency shall reasonably ensure that an index of information

disseminated by the system is included in the directory created pursuant

to section

4101 of title 44. This section does not authorize the

dissemination of information to the public unless otherwise authorized.

TITLE 40 - SUBTITLE III - CHAPTER 117 - § 11703

§ 11703. Procurement procedures

To the maximum extent practicable, the Federal Acquisition

Regulatory Council shall ensure that the process for acquisition of

information technology is a simplified, clear, and understandable process

that specifically addresses the management of risk, incremental

acquisitions, and the need to incorporate commercial information

technology in a timely manner.

Information Technology: Additional Responsibilities

of Chief Information Officers

U.S. Code Title 10, Sec 2223

Public Law 105-261

Date October 1, 1998

URL http://uscode.house.gov/download/pls/10C131.txt

Editor’s note: This law directs the DoD CIO to be responsible for

reviewing and providing recommendations to the Secretary on budget

requests for IT and national security systems; interoperability of

information technology and national security systems in the Department;

and information technology and national security systems standards. It

also directs the DoD CIO to provide for the elimination of duplicate

information technology and national security systems.

(a) Additional Responsibilities of Chief Information Officer of

Department of Defense. –

In addition to the responsibilities provided for in chapter 35 of title 44 and

in section 11315 of title 40, the Chief Information Officer of the Department

of Defense shall –

(1) review and provide recommendations to the Secretary of Defense on

Department of Defense budget requests for information technology and

national security systems;

(2) ensure the interoperability of information technology and national

security systems throughout the Department of Defense;

(3) ensure that information technology and national security

systems standards that will apply throughout the Department of

Defense are prescribed;

(4) provide for the elimination of duplicate information technology

and national security systems within and between the military

departments and Defense Agencies; and

(5) maintain a consolidated inventory of Department of Defense

mission critical and mission essential information systems, identify

Information Technology: Additional Responsibilities of Chief

Information Officers

interfaces between those systems and other information systems, and

develop and maintain contingency plans for responding to a disruption in

the operation of any of those information systems.

(b) Additional Responsibilities of Chief Information Officer of

Military Departments. – In addition to the responsibilities provided for in

chapter 35 of title 44 and in section 11315 of title 40, the Chief

Information Officer of a military department, with respect to the military

department concerned, shall –

(1) review budget requests for all information technology and

national security systems;

(2) ensure that information technology and national security systems

are in compliance with standards of the Government and the Department

of Defense;

(3) ensure that information technology and national security systems

are interoperable with other relevant information technology and national

security systems of the Government and the Department of Defense; and

(4) coordinate with the Joint Staff with respect to information

technology and national security systems.

(1) The term ''Chief Information Officer'' means the senior official

designated by the Secretary of Defense or a Secretary of a military

department pursuant to section 3506 of title 44.

(2) The term ''information technology'' has the meaning given that

term by section 11101 of title 40.

(3) The term ''national security system'' has the meaning given that

term by section 11103 of title 40.

Paperwork Reduction Act

U.S. Code 44 U.S.C. 3501 et seq.

Public Law 104-13

Date May 22, 1995

Reports U.S. House. Committee on Government Reform. H. Report

No. 104-37

U.S. Senate. Committee on Governmental Affairs. S. Report

No. 104-8

U.S. House. Conference Report. H. Report No. 104-99

URL http://uscode.house.gov/download/pls/44C35.txt

Editor’s note: This Act requires agencies to use information resources to

improve their operations and fulfill their missions. It provides direction

on reducing the paperwork burden; minimizing the cost of information;

and maximizing the utility of information collected, maintained, shared

and disseminated. It also serves to improve the quality of Federal

information; uniform information resources management (IRM) policies

and practices; the dissemination of public information; privacy; IT

acquisition; and the information collection review process. It is the

"umbrella" IRM legislation for the Federal government -- other statutes

elaborate on its goals.

Paperwork Reduction Act, Condensed

Agency program officials, in consultation with the Senior IRM

Official (now Chief Information Officer (CIO)) and Chief Financial

Officer (CFO) are to define program information needs and develop

strategies, systems, and capabilities to meet those needs.

Each agency is to develop and maintain a strategic IRM plan to

help accomplish agency missions. Each agency is to maintain an

ongoing process to ensure that IRM operations and decisions are

Source: GAO

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integrated with organizational planning,

budget, financial management,

human resources management and program decisions.

Agencies are to establish goals for IRM to im

prove the productivity,

efficiency, and effectiveness of agency operations, and methods for

measuring progress in achieving the goals. Agencies are to maximize the

value and assess and manage the risks of major information system

initiatives through a process that (a) integrates budget, financial, and

program management decisions and (b) is used to select, control, and

evaluate the results of the initiatives. Also agencies are to maximize the

value of major information systems initiatives and evaluate the results of

such initiatives.

The OMB Director is to provide an annual report to Congress on the

extent to which agencies have improved program performance and the

accomplishment of agency missions through IRM

Paperwork Reduction Act

An Act to further the goals of the Paperwork Reduction Act to

have Federal agencies become more responsible and publicly

accountable for reducing the burden of Federal paperwork on the

public, and for other purposes.

Short Title. This Act may be cited as the “Paperwork Reduction

Act of 1995”.

Sec. 2. Coordination of Federal Information Policy.

Chapter 35 of title 44, United States Code, is amended to read as follows:

CHAPTER 35 -- COORDINATION OF FEDERAL

INFORMATION POLICY

Sec. 3501. Purposes

The purposes of this chapter are to –

(1) minimize the paperwork burden for individuals, small businesses,

educational and nonprofit institutions, Federal contractors, State, local

Paperwork Reduction Act

and tribal governments, and other persons resulting from the collection

of information by or for the Federal Government;

(2) ensure the greatest possible public benefit from and maximize the

utility of information created, collected, maintained, used, shared and

disseminated by or for the Federal Government;

(3) coordinate, integrate, and to the extent practicable and

appropriate, make uniform Federal information resources management

policies and practices as a means to improve the productivity, efficiency,

and effectiveness of Government programs, including the reduction of

information collection burdens on the public and the improvement of

service delivery to the public;

(4) improve the quality and use of Federal information to strengthen

decision-making, accountability, and openness in Government and society;

(5) minimize the cost to the Federal Government of the creation,

collection, maintenance, use, dissemination, and disposition of information;

(6) strengthen the partnership between the Federal Government and

State, local, and tribal governments by minimizing the burden and

maximizing the utility of information created, collected, maintained,

used, disseminated, and retained by or for the Federal Government;

(7) provide for the dissemination of public information on a timely

basis, on equitable terms, and in a manner that promotes the utility of the

information to the public and makes effective use of information technology;

(8) ensure that the creation, collection, maintenance, use,

dissemination, and disposition of information by or for the Federal

Government is consistent with applicable laws, including laws relating to

(A) privacy and confidentiality, including section 552a of title 5;

(B) security of information, including the Computer Security Act of

1987 (Public Law 100-235); and

(9) ensure the integrity, quality, and utility of the Federal statistical system;

(10) ensure that information technology is acquired, used, and

managed to improve performance of agency missions, including the

reduction of information collection burdens on the public; and

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(11) improve the responsibility and accountability of the Office of

Management and Budget and all other Federal agencies to Congress and

to the public for implementing the information collection review process,

information resources management, and related policies and guidelines

established under this chapter.

§ 3502. Definitions

As used in this chapter –

(1) the term “agency” means any executive department, military

department, Government corporation, Government controlled

corporation, or other establishment in the executive branch of the

Government (including the Executive Office of the President), or any

independent regulatory agency, but does not include –

(A) the General Accounting Office;

(B) Federal Election Commission;

possessions of the United States, and their various subdivisions; or

(D) Government-owned contractor-operated facilities, including

laboratories engaged in national defense research and production activities;

(2) the term “burden” means time, effort, or financial resources

expended by persons to generate, maintain, or provide information to or

for a Federal agency, including the resources expended for –

(A) reviewing instructions;

(B) acquiring, installing, and utilizing technology and systems;

applicable instructions and requirements;

(D) searching data sources;

(E) completing and reviewing the collection of information; and

(F) transmitting, or otherwise disclosing the information;

(3) the term “collection of information” –

(A) means the obtaining, causing to be obtained, soliciting, or

requiring the disclosure to third parties or the public, of facts or

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opinions by or for an agency, regardless of form or format, calling

for either –

(i) answers to identical questions posed to, or identical reporting

or recordkeeping requirements imposed on, ten or more persons,

other than agencies, instrumentalities, or employees of the United

States; or

(ii) answers to questions posed to agencies, instrumentalities, or

employees of the United States which are to be used for general

statistical purposes; and

(B) shall not include a collection of information described under

section 3518(c)(1);(4) the term “Director” means the Director of the

Office of Management and Budget;

(5) the term “independent regulatory agency” means the Board of

Governors of the Federal Reserve System, the Commodity Futures

Trading Commission, the Consumer Product Safety Commission, the

Federal Communications Commission, the Federal Deposit Insurance

Corporation, the Federal Energy Regulatory Commission, the Federal

Housing Finance Board, the Federal Maritime Commission, the Federal Trade

Commission, the Interstate Commerce Commission, the Mine Enforcement

Safety and Health Review Commission, the National Labor Relations Board,

the Nuclear Regulatory Commission, the Occupational Safety and Health

Review Commission, the Postal Rate Commission, the Securities and

Exchange Commission, and any other similar agency designated by statute as

a Federal independent regulatory agency or commission;

(6) the term “information resources” means information and related

resources, such as personnel, equipment, funds, and information technology;

(7) the term “information resources management” means the process of

managing information resources to accomplish agency missions and to improve

agency performance, including through the reduction of information collection

burdens on the public;

(8) the term “information system” means a discrete set of information

resources organized for the collection, processing, maintenance, use, sharing,

dissemination, or disposition of information;

(9) the term “information technology” has the same meaning as the term

“automatic data processing equipment” as defined by section 111(a)(2) and

Paperwork Reduction Act

(3)(C) (i) through (v) of the Federal Property and Administrative Services Act of

1949 (40 U.S.C759(a)(2) and (3)(C) (i) through (v));

(10) the term “person” means an individual, partnership, association,

corporation, business trust, or legal representative, an organized group of

individuals, a State, territorial, tribal, or local government or branch

thereof, or a political subdivision of a State, territory, tribal, or local

government or a branch of a political subdivision;

(11) the term “practical utility” means the ability of an agency to use

information, particularly the capability to process such information in a

timely and useful fashion;

(12) the term “public information” means any information,

regardless of form or format, that an agency discloses, disseminates, or

makes available to the public;

(13) the term “recordkeeping requirement” means a requirement

imposed by or for an agency on persons to maintain specified records,

including a requirement to --

(A) retain such records;

(B) notify third parties, the Federal Government, or the public of the

existence of such records;

the public; or

(D) report to third parties, the Federal Government, or the public

regarding such records; and

(14) the term “penalty” includes the imposition by an agency or court

of a fine or other punishment; a judgment for monetary damages or

equitable relief; or the revocation, suspension, reduction, or denial of a

license, privilege, right, grant, or benefit.

Sec. 3503. (Note: -- Establishment.) Office of Information and

Regulatory Affairs

(a) There is established in the Office of Management and Budget an

office to be known as the Office of Information and Regulatory Affairs.

(b) There shall be at the head of the Office an Administrator who

shall be appointed by the President, by and with the advice and consent

of the Senate. The Director shall delegate to the Administrator the

Paperwork Reduction Act

authority to administer all functions under this chapter, except that any

such delegation shall not relieve the Director of responsibility for the

administration of such functions. The Administrator shall serve as

principal adviser to the Director on Federal information resources

management policy.

Sec. 3504. Authority and Functions of Director

(a)(1) The Director shall oversee the use of information resources to

improve the efficiency and effectiveness of governmental operations to

serve agency missions, including burden reduction and service delivery

to the public. In performing such oversight, the Director shall --

(A) develop, coordinate and oversee the implementation of Federal

information resources management policies, principles, standards, and

guidelines; and

(B) provide direction and oversee –

(i) the review and approval of the collection of information and the

reduction of the information collection burden;

(ii) agency dissemination of and public access to information;

(iii) statistical activities;

(iv) records management activities;

(v) privacy, confidentiality, security, disclosure, and sharing of

information; and

(vi) the acquisition and use of information technology.

(2) The authority of the Director under this chapter shall be exercised

consistent with applicable law.

(b) With respect to general information resources management

policy, the Director shall –

(1) develop and oversee the implementation of uniform information

resources management policies, principles, standards, and guidelines;

(2) foster greater sharing, dissemination, and access to public

information, including through –

(A) the use of the Government Information Locator Service; and

Paperwork Reduction Act

(B) the development and utilization of common standards for

information collection, storage, processing and communication,

including standards for security, interconnectivity and interoperability;

(3) initiate and review proposals for changes in legislation,

regulations, and agency procedures to improve information resources

management practices;

(4) oversee the development and implementation of best practices in

information resources management, including training; and

(5) oversee agency integration of program and management functions

with information resources management functions.

paperwork, the Director shall --

(1) review and approve proposed agency collections of information;

(2) coordinate the review of the collection of information associated with

Federal procurement and acquisition by the Office of Information and

Regulatory Affairs with the Office of Federal Procurement Policy, with

particular emphasis on applying information technology to improve the

efficiency and effectiveness of Federal procurement, acquisition and payment,

and to reduce information collection burdens on the public;

(3) minimize the Federal information collection burden, with particular

emphasis on those individuals and entities most adversely affected;

(4) maximize the practical utility of and public benefit from information

collected by or for the Federal Government; and

(5) establish and oversee standards and guidelines by which agencies are

to estimate the burden to comply with a proposed collection of information.

(d) With respect to information dissemination, the Director shall

develop and oversee the implementation of policies, principles,

standards, and guidelines to --

(1) apply to Federal agency dissemination of public information,

regardless of the form or format in which such information is

disseminated; and

(2) promote public access to public information and fulfill the

purposes of this chapter, including through the effective use of

information technology.

Paperwork Reduction Act

(f) Note: Records. With respect to records management, the

Director shall --

(1) provide advice and assistance to the Archivist of the United

States and the Administrator of General Services to promote

coordination in the administration of chapters 29, 31, and 33 of this title

with the information resources management policies, principles,

standards, and guidelines established under this chapter;

(2) review compliance by agencies with –

(A) the requirements of chapters 29, 31, and 33 of this title; and

(B) Note: Regulations. regulations promulgated by the Archivist of

the United States and the Administrator of General Services; and

(3) oversee the application of records management policies,

principles, standards, and guidelines, including requirements for

archiving information maintained in electronic format, in the planning

and design of information systems.

(g) With respect to privacy and security, the Director shall --

(1) develop and oversee the implementation of policies, principles,

standards, and guidelines on privacy, confidentiality, security, disclosure

and sharing of information collected or maintained by or for agencies;

(2) oversee and coordinate compliance with sections 552 and 552a of

title 5, the Computer Security Act of 1987 (40 U.S.C.759 note), and

related information management laws; and

(3) require Federal agencies, consistent with the Computer Security Act of

1987 (40 U.S.C.759 note), to identify and afford security protections

commensurate with the risk and magnitude of the harm resulting from the

loss, misuse, or unauthorized access to or modification of information

collected or maintained by or on behalf of an agency.

(h) With respect to Federal information technology, the Director shall --

(1) in consultation with the Director of the National Institute of

Standards and Technology and the Administrator of General Services --

(A) develop and oversee the implementation of policies, principles,

standards, and guidelines for information technology functions and

activities of the Federal Government, including periodic evaluations of

major information systems; and

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(B) oversee the development and implementation of standards under

section 111(d) of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C759(d));

(2) monitor the effectiveness of, and compliance with, directives

issued under sections 110 and 111 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C.757 and 759);

(3) coordinate the development and review by the Office of

Information and Regulatory Affairs of policy associated with Federal

procurement and acquisition of information technology with the Office

of Federal Procurement Policy;

(4) ensure, through the review of agency budget proposals,

information resources management plans and other means –

(A) agency integration of information resources management plans,

program plans and budgets for acquisition and use of information

technology; and

(B) the efficiency and effectiveness of inter-agency information

technology initiatives to improve agency performance and the

accomplishment of agency missions; and

(5) promote the use of information technology by the Federal

Government to improve the productivity, efficiency, and effectiveness of

Federal programs, including through dissemination of public information

and the reduction of information collection burdens on the public.

Sec. 3505. Assignment of Tasks and Deadlines

(a) In carrying out the functions under this chapter, the Director shall

(1) in consultation with agency heads, set an annual

Governmentwide goal for the reduction of information collection

burdens by at least 10 percent during each of fiscal years 1996 and 1997

and 5 percent during each of fiscal years 1998, 1999, 2000, and 2001,

and set annual agency goals to --

(A) reduce information collection burdens imposed on the public that

(i) represent the maximum practicable opportunity in each agency; and

(ii) are consistent with improving agency management of the process for

the review of collections of information established under section 3506(c); and

Paperwork Reduction Act

(B) improve information resources management in ways that

increase the productivity, efficiency and effectiveness of Federal

programs, including service delivery to the public;

(2) with selected agencies and non-Federal entities on a voluntary

basis, conduct pilot projects to test alternative policies, practices,

regulations, and procedures to fulfill the purposes of this chapter,

particularly with regard to minimizing the Federal information collection

burden; and

(3) in consultation with the Administrator of General Services, the

Director of the National Institute of Standards and Technology, the

Archivist of the United States, and the Director of the Office of

Personnel Management, develop and maintain a Governmentwide

strategic plan for information resources management, that shall include

(A) a description of the objectives and the means by which the

Federal Government shall apply information resources to improve

agency and program performance; (B) plans for –

(i) reducing information burdens on the public, including reducing

such burdens through the elimination of duplication and meeting shared

data needs with shared resources;

(ii) enhancing public access to and dissemination of, information,

using electronic and other formats; and

(iii) meeting the information technology needs of the Federal

Government in accordance with the purposes of this chapter; an

management to improve agency performance and the

accomplishment of

missions.

(b) For purposes of any pilot project conducted under subsection

(a)(2), the Director may, after consultation with the agency head,

waive the application of any administrative directive issued by an agency

with which the project is conducted, including any directive requiring a

collection of information, after giving timely notice to the public and the

Congress regarding the need for such waiver.

Sec. 3506. Federal Agency Responsibilities

(a)(1) The head of each agency shall be responsible for --

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(A) carrying out the agency’s information resources management

activities to improve agency productivity, efficiency, and effectiveness; and

(B) complying with the requirements of this chapter and related policies

established by the Director.

(2)(A) Note: Reports. Except as provided under subparagraph (B),

the head of each agency shall designate a senior official who shall report

directly to such agency head to carry out the responsibilities of the

agency under this chapter.

(B) Note: Reports. The Secretary of the Department of Defense and the

Secretary of each military department may each designate senior officials who

shall report directly to such Secretary to carry out the responsibilities of the

department under this chapter. If more than one official is designated, the

respective duties of the officials shall be clearly delineated.

(3) The senior official designated under paragraph (2) shall head an

office responsible for ensuring agency compliance with and prompt,

efficient, and effective implementation of the information policies and

information resources management responsibilities established under this

chapter, including the reduction of information collection burdens on the

public. The senior official and employees of such office shall be selected

with special attention to the professional qualifications required to

administer the functions described under this chapter.

(4) Each agency program official shall be responsible and

accountable for information resources assigned to and supporting the

programs under such official. In consultation with the senior official

designated under paragraph (2) and the agency Chief Financial Officer

(or comparable official), each agency program official shall define

program information needs and develop strategies, systems, and

capabilities to meet those needs.

(b) With respect to general information resources management, each

agency shall --

(1) manage information resources to –

(A) reduce information collection burdens on the public;

(B) increase program efficiency and effectiveness; and

users within and outside the agency, including capabilities for ensuring

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dissemination of public information, public access to government

information, and protections for privacy and security;

(2)

in accordance with guidance by the Director, develop and

maintain a strategic information resources management plan that shall

describe how information resources management activities help

accomplish agency missions;

(3) develop and maintain an ongoing process to –

(A) ensure that information resources management operations and

decisions are integrated with organizational planning, budget, financial

management, human resources management, and program decisions;

(B) in cooperation with the agency Chief Financial Officer (or

comparable official), develop a full and accurate accounting of

information technology expenditures, related expenses, and results; and

management’s contribution to program productivity, efficiency, and

effectiveness, methods for measuring progress towards those goals, and

clear roles and responsibilities for achieving those goals;

(4) in consultation with the Director, the Administrator of General

Services, and the Archivist of the United States, maintain a current and

complete inventory of the agency’s information resources,

including

directories necessary to fulfill the requirements of section 3511 of this

chapter; and

(5) in consultation with the Director and the Director of the Office of

Personnel Management, conduct formal training programs to educate agency

program and management officials about information resources management.

paperwork, each agency shall --

(1) establish a process within the office headed by the official

designated under subsection (a), that is sufficiently independent of

program responsibility to evaluate fairly whether proposed collections of

information should be approved under this chapter, to --

(A) review each collection of information before submission to the

Director for review under this chapter, including –

(i) an evaluation of the need for the collection of information;

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(ii) a functional description of the information to be collected;

(iii) a plan for the collection of the information;

(iv) a specific, objectively supported estimate of burden;

(v) a test of the collection of information through a pilot program, if

appropriate; and

(vi) a plan for the efficient and effective management and use of the

information to be collected, including necessary resources;

(B) ensure that each information collection –

(i) is inventoried, displays a control number and, if appropriate, an

expiration date;

(ii) indicates the collection is in accordance with the clearance

requirements of section 3507; and

(iii) informs the person receiving the collection of information of –

(I) the reasons the information is being collected;

(II) the way such information is to be used;

(III) an estimate, to the extent practicable, of the burden of the collection;

(IV) whether responses to the collection of information are

voluntary, required to obtain a benefit, or mandatory; and

(V) the fact that an agency may not conduct or sponsor, and a person

is not required to respond to, a collection of information unless it

displays a valid control number; and

affecting the agency;

(2)(A) Note: Federal Register, publication. except as provided under

subparagraph (B) or section 3507(j), provide 60-day notice in the Federal

agencies concerning each proposed collection of information, to solicit

comment to –

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information shall have practical utility;

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(ii) evaluate the accuracy of the agency’s estimate of the burden of

the proposed collection of information;

(iii) enhance the quality, utility, and clarity of the information to be

collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including information technology; and

(B) Note: Regulations. for any proposed collection of information

contained in a proposed rule (to be reviewed by the Director under

section 3507(d)), provide notice and comment through the notice of

proposed rulemaking for the proposed rule and such notice shall have the

same purposes specified under subparagraph (A) (i) through (iv); and

(3) certify (and provide a record supporting such certification,

including public comments received by the agency) that each collection

of information submitted to the Director for review under section 3507 –

(A) is necessary for the proper performance of the functions of the

agency, including that the information has practical utility;

(B) is not unnecessarily duplicative of information otherwise

reasonably accessible to the agency;

persons who shall provide information to or for the agency, including

with respect to small entities, as defined under section 601(6) of title 5,

the use of such techniques as –

(i) establishing differing compliance or reporting requirements or

timetables that take into account the resources available to those who are

to respond;

(ii) the clarification, consolidation, or simplification of compliance

and reporting requirements; or

(iii) an exemption from coverage of the collection of information, or any

part thereof;

(D) is written using plain, coherent, and unambiguous terminology and is

understandable to those who are to respond;

(E) is to be implemented in ways consistent and compatible, to the

maximum extent practicable, with the existing reporting and recordkeeping

practices of those who are to respond;

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(F) indicates for each recordkeeping requirement the length of time

persons are required to maintain the records specified;

(G) contains the statement required und

er paragraph (1)(B)(iii);

(H) has been developed by an office that has planned and allocated

resources for the efficient and effective management and use of the

information to be collected, including the processing of the information in a

manner which shall enhance, where appropriate, the utility of the information

to agencies and the public;

(I) uses effective and efficient statistical survey methodology appropriate

to the purpose for which the information is to be collected; and

(J) to the maximum extent practicable, uses information technology

to reduce burden and improve data quality, agency efficiency and

responsiveness to the public.

(d) Note: Public information. With respect to information

dissemination, each agency shall --

(1) ensure that the public has timely and equitable access to the

agency’s public information, including ensuring such access through –

(A) encouraging a diversity of public and private sources for

information based on government public information;

(B) in cases in which the agency provides public information

maintained in electronic format, providing timely and equitable access to

the underlying data (in whole or in part); and

effective, and economical manner;

(2) regularly solicit and consider public input on the agency’s information

dissemination activities;

(3) provide adequate notice when initiating, substantially modifying, or

terminating significant information dissemination products; and

(4) not, except where specifically authorized by statute –

(A) establish an exclusive, restricted, or other distribution

arrangement that interferes with timely and equitable availability of

public information to the public;

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(B) restrict or regulate the use, resale, or redissemination of

public information by the public;

public information; or

(D) establish user fees for public information that exceed the

cost of dissemination.

(e) With respect to statistical policy and coordination, each agency shall -

(1) ensure the relevance, accuracy, timeliness, integrity, and

objectivity of information collected or created for statistical purposes;

(2) inform respondents fully and accurately about the sponsors,

purposes, and uses of statistical surveys and studies;

(3) protect respondents” privacy and ensure that disclosure policies

fully honor pledges of confidentiality;

(4) observe Federal standards and practices for data collection,

analysis, documentation, sharing, and dissemination of information;

(5) ensure the timely publication of the results of statistical

surveys and studies, including information about the quality and

limitations of the surveys and studies; and

(6) make data available to statistical agencies and readily

accessible to the public.

(f) Note: Records. With respect to records management, each

agency shall implement and enforce applicable policies and

procedures, including requirements for archiving information

maintained in electronic format, particularly in the planning, design

and operation of information systems.

(g) Note: Privacy. Computer technology. With respect to privacy and

security, each agency shall --

(1) implement and enforce applicable policies, procedures, standards, and

guidelines on privacy, confidentiality, security, disclosure and sharing of

information collected or maintained by or for the agency;

(2) assume responsibility and accountability for compliance 5, the

Computer Security Act of 1987 (40 U.S.C759 note), and related information

management laws; and

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(3) consistent with the Computer Security Act of 1987 (40 U.S.C.759

note), identify and afford security protections commensurate with the

risk and magnitude of the harm resulting from the loss, misuse, or

unauthorized access to or modification of information collected or

maintained by or on behalf of an agency.

(h) Note: Science and technology. With respect to Federal information

technology, each agency shall --

(1) implement and enforce applicable Governmentwide and

agency information technology management policies, principles,

standards, and guidelines;

(2) assume responsibility and accountability for information

technology investments; with and coordinated management of sections

552 and 552a of title

(3) promote the use of information technology by the agency to

improve the productivity, efficiency, and effectiveness of agency

programs, including the reduction of information collection burdens on

the public and improved dissemination of public information;

(4) propose changes in legislation, regulations, and agency

procedures to improve information technology practices, including

changes that improve the ability of the agency to use technology to

reduce burden; and

(5) assume responsibility for maximizing the value and assessing and

managing the risks of major information systems initiatives through a

process that is –

(A) integrated with budget, financial, and program management

decisions; and

(B) used to select, control, and evaluate the results of major

information systems initiatives.

Sec. 3507. Public Information Collection Activities; Submission to

Director; Approval and Delegation

(a) An agency shall not conduct or sponsor the collection of information

unless in advance of the adoption or revision of the collection of information -

(1) the agency has --

(A) conducted the review established under section 3506(c)(1);

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(B) evaluated the public comments received under section 3506(c)(2);

3506(c)(3), the proposed collection of information, copies of pertinent

statutory authority, regulations, and other related materials as the

Director may specify; and

(D) Note: Federal Register, publication. published a notice in the

Federal Register –

(i) stating that the agency has made such submission; and

(ii) setting forth –

(I) a title for the collection of information;

(II) a summary of the collection of information;

(III) a brief description of the need for the information and the proposed

use of the information;

(IV) a description of the likely respondents and proposed frequency of

response to the collection of information;

(V) an estimate of the burden that shall result from the collection of

information; and

(VI) notice that comments may be submitted to the agency and Director;

(2) the Director has approved the proposed collection of information

or approval has been inferred, under the provisions of this section; and

(3) the agency has obtained from the Director a control number to be

displayed upon the collection of information.

(b) The Director shall provide at least 30 days for public comment

prior to making a decision under subsection (c), (d), or (h), except as

provided under subsection (j).

(c)(1) For any proposed collection of information not contained in a

proposed rule, the Director shall notify the agency involved of the decision to

approve or disapprove the proposed collection of information.

(2) The Director shall provide the notification under paragraph (1), within

60 days after receipt or publication of the notice under subsection (a)(1)(D),

whichever is later.

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(3) If the Director does not notify the agency of a denial or

approval within the 60-day period described under paragraph (2) --

(A) the approval may be inferred;

(B) a control number shall be assigned without further delay; and

(d)(1) Note: Proposed rule. For any proposed collection of

information contained in a proposed rule --

(A) as soon as practicable, but no later than the date of publication of a

notice of proposed rulemaking in the Federal Register, each agency shall

forward to the Director a copy of any proposed rule which contains a collection

of information and any information requested by the Director necessary to make

the determination required under this subsection; and

(B) Note: Federal Register, publication. within 60 days after the notice of

proposed rulemaking is published in the Federal Register, the Director may file

public comments pursuant to the standards set forth in section 3508 on the

collection of information contained in the proposed rule;

(2) Note: Regulations. Federal Register, publication. When a final

rule is published in the Federal Register, the agency shall explain --

(A) how any collection of information contained in the final rule

responds to the comments, if any, filed by the Director or the public; or

(B) the reasons such comments were rejected.

(3) If the Director has received notice and failed to comment on an

agency rule within 60 days after the notice of proposed rulemaking, the

Director may not disapprove any collection of information specifically

contained in an agency rule.

(4) No provision in this section shall be construed to prevent the

Director, in the Director’s discretion –

(A) from disapproving any collection of information which was not

specifically required by an agency rule;

(B) from disapproving any collection of information contained in an

agency rule, if the agency failed to comply with the requirements of

paragraph (1) of this subsection;

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agency rule, if the Director finds within 60 days after the publication of the

final rule that the agency’s response to the Director’s comments filed under

paragraph (2) of this subsection was unreasonable; or

(D) from disapproving any collection of information contained in a

final rule, if –

(i) the Director determines that the agency has substantially modified

in the final rule the collection of information contained in the proposed

rule; and

(ii) the agency has not given the Director the information required

under paragraph (1) with respect to the modified collection of

information, at least 60 days before the issuance of the final rule.

(5) This subsection shall apply only when an agency publishes a

notice of proposed rulemaking and requests public comments.

(6) The decision by the Director to approve or not act upon a

collection of information contained in an agency rule shall not be subject

to judicial review.

(e)(1) Any decision by the Director under subsection (c), (d), (h), or

(j) to disapprove a collection of information, or to instruct the agency

to make substantive or material change to a collection of information,

shall be publicly available and include an explanation of the reasons for

such decision.

(2) Any written communication between the Administrator of the

Office of Information and Regulatory Affairs, or any employee of the

Office of Information and Regulatory Affairs, and an agency or person

not employed by the Federal Government concerning a proposed

collection of information shall be made available to the public.

(3) This subsection shall not require the disclosure of --

(A) any information which is protected at all times by procedures

established for information which has been specifically authorized under

criteria established by an Executive order or an Act of Congress to be

kept secret in the interest of national defense or foreign policy; or

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(B) any communication relating to a collection of information which

is not approved under this chapter, the disclosure of which could lead to

retaliation or discrimination against the communicator.

(f)(1) An independent regulatory agency which is administered by 2

or more members of a commission, board, or similar body, may by

majority vote void

(A) any disapproval by the Director, in whole or in part, of a

proposed collection of information of that agency; or

(B) an exercise of authority under subsection (d) of section 3507

concerning that agency.

(2) The agency shall certify each vote to void such disapproval or

exercise to the Director, and explain the reasons for such vote. The

Director shall without further delay assign a control number to such

collection of information, and such vote to void the disapproval or

exercise shall be valid for a period of 3 years.

(g) The Director may not approve a collection of information for a

period in excess of 3 years.

(h)(1) If an agency decides to seek extension of the Director’s

approval granted for a currently approved collection of information, the

agency shall --

(A) conduct the review established under section 3506(c), including

the seeking of comment from the public on the continued need for, and

burden imposed by the collection of information; and

(B) after having made a reasonable effort to seek public comment,

but no later than 60 days before the expiration date of the control number

assigned by the Director for the currently approved collection of

information, submit the collection of information for review and

approval under this section, which shall include an explanation of how

the agency has used the information that it has collected.

(2) If under the provisions of this section, the Director disapproves a

collection of information contained in an existing rule, or recommends or

instructs the agency to make a substantive or material change to a

collection of information contained in an existing rule, the Director shall

(A) Note: Federal Register, publication. Publish an explanation

thereof in the Federal Register; and

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(B) instruct the agency to undertake a rulemaking within a

reasonable time limited to consideration of changes to the collection of

information contained in the rule and thereafter to submit the collection

of information for approval or disapproval under this chapter.

(3) An agency may not make a substantive or material modification

to a collection of information after such collection has been approved by

the Director, unless the modification has been submitted to the Director

for review and approval under this chapter.

(i)(1) If the Director finds that a senior official of an agency

designated under section 3506(a) is sufficiently independent of program

responsibility to evaluate fairly whether proposed collections of

information should be approved and has sufficient resources to carry out

this responsibility effectively, the Director may, by rule in accordance

with the notice and comment provisions of chapter 5 of title 5, United

States Code, delegate to such official the authority to approve proposed

collections of information in specific program areas, for specific

purposes, or for all agency purposes.

(2) A delegation by the Director under this section shall not preclude the

Director from reviewing individual collections of information if the Director

determines that circumstances warrant such a review. The Director shall

retain authority to revoke such delegations, both in general and with regard to

any specific matter. In acting for the Director, any official to whom approval

authority has been delegated under this section shall comply fully with the

rules and regulations promulgated by the Director.

(j)(1) The agency head may request the Director to authorize a

collection of information, if an agency head determines that --

(A) a collection of information –

(i) is needed prior to the expiration of time periods established under

this chapter; and

(ii) is essential to the mission of the agency; and

(B) the agency cannot reasonably comply with the provisions of this

chapter because –

(i) public harm is reasonably likely to result if normal clearance

procedures are followed;

(ii) an unanticipated event has occurred; or

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(iii) the use of normal clearance procedures is reasonably likely to

prevent or disrupt the collection of information or is reasonably likely to

cause a statutory or court ordered deadline to be missed.

(2) The Director shall approve or disapprove any such authorization

request within the time requested by the agency head and, if approved,

shall assign the collection of information a control number. Any

collection of information conducted under this subsection may be

conducted without compliance with the provisions of this chapter for a

maximum of 90 days after the date on which the Director received the

request to authorize such collection.

Sec. 3508. Determination of Necessity for Information; Hearing

Before approving a proposed collection of information, the Director

shall determine whether the collection of information by the agency is

necessary for the proper performance of the functions of the agency,

including whether the information shall have practical utility. Before

making a determination the Director may give the agency and other

interested persons an opportunity to be heard or to submit statements in

writing. To the extent, if any, that the Director determines that the

collection of information by an agency is unnecessary for any reason, the

agency may not engage in the collection of information.

Sec. 3509. Designation of Central Collection Agency

The Director may designate a central collection agency to obtain

information for two or more agencies if the Director determines that the

needs of such agencies for information will be adequately served by a

single collection agency, and such sharing of data is not inconsistent with

applicable law. In such cases the Director shall prescribe (with reference

to the collection of information) the duties and functions of the collection

agency so designated and of the agencies for which it is to act as agent

(including reimbursement for costs). While the designation is in effect,

an agency covered by the designation may not obtain for itself

information for the agency which is the duty of the collection agency to

obtain. The Director may modify the designation from time to time as

circumstances require. The authority to designate under this section is

subject to the provisions of section 3507(f) of this chapter.

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Sec. 3510. Cooperation of Agencies in Making Information

Available

(a)

The Director may direct an agency to make available to another

agency, or an agency may make available to another agency, information

obtained by a collection of information if the disclosure is not inconsistent

with applicable law.

(b)(1) If information obtained by an agency is released by that

agency to another agency, all the provisions of law (including penalties)

that relate to the unlawful disclosure of information

apply to the

officers and employees of the agency to which information is released

to the same extent and in the same manner as the provisions apply to the

officers and employees of the agency which originally obtained the

information.

(2) The officers and employees of the agency to which the information is

released, in addition, shall be subject to the same provisions of law, including

penalties, relating to the unlawful disclosure of information as if the

information had been collected directly by that agency.

Sec. 3511. Establishment and Operation of Government

Information Locator Service

(a) In order to assist agencies and the public in locating information

and to promote information sharing and equitable access by the public,

the Director shall –

(1) cause to be established and maintained a distributed agency-based

electronic Government Information Locator Service (hereafter in this section

referred to as the “Service’), which shall identify the major i

nformation

systems, holdings, and dissemination products of each agency;

(2) require each agency to establish and maintain an agency

information locator service as a component of, and to support the

establishment and operation of the Service;

(3) Note: Establishment. in cooperation with the Archivist of the

United States, the Administrator of General Services, the Public Printer,

and the Librarian of Congress, establish an interagency committee to

advise the Secretary of Commerce on the development of technical

standards for the Service to ensure compatibility, promote information

sharing, and uniform access by the public;

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(4) consider public access and other user needs in the establishment

and operation of the Service;

(5) ensure the security and integrity of the Service, including measures to

ensure that only information which is intended to be disclosed to the public is

disclosed through the Service; and

(6) periodically review the development and effectiveness of the Service

and make recommendations for improvement, including other mechanisms for

improving public access to Federal agency public information.

(b) This section shall not apply to operational files as defined by the

Central Intelligence Agency Information Act (50 U.S.C. 431 et seq.).

Sec. 3512. Public Protection

(a) Notwithstanding any other provision of law, no person shall be

subject to any penalty for failing to comply with a collection of

information that is subject to this chapter if --

(1) the collection of information does not display a valid control

number assigned by the Director in accordance with this chapter; or

(2) the agency fails to inform the person who is to respond to the

collection of information that such person is not required to respond to

the collection of information unless it displays a valid control number.

(b) The protection provided by this section may be raised in the form

of a complete defense, bar, or otherwise at any time during the agency

administrative process or judicial action applicable there to.

Sec. 3513. Director Review of Agency Activities; Reporting; Agency

Response

(a) In consultation with the Administrator of General Services, the

Archivist of the United States, the Director of the National Institute of

Standards and Technology, and the Director of the Office of Personnel

Management, the Director shall periodically review selected agency

information resources management activities to ascertain the efficiency and

effectiveness of such activities to improve agency performance and the

accomplishment of agency missions.

(b) Each agency having an activity reviewed under subsection (a) shall,

within 60 days after receipt of a report on the review, provide a written plan to

the Director describing steps (including milestones) to --

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(1) be taken to address information resources management problems

identified in the report; and

(2) improve agency performance and the accomplishment of

agency missions.

Sec. 3514. Responsiveness to Congress

(a)(1) The Director shall --

(A) keep the Congress and congressional committees fully and

currently informed of the major activities under this chapter; and

(B) Note: Reports. submit a report on such activities to the President

of the Senate and the Speaker of the House of Representatives annually

and at such other times as the Director determines necessary.

(2) The Director shall include in any such report a description of the

extent to which agencies have -

(A) reduced information collection burdens on the public, including

(i) a summary of accomplishments and planned initiatives to reduce

collection of information burdens;

(ii) a list of all violations of this chapter and of any rules, guidelines,

policies, and procedures issued pursuant to this chapter;

(iii) a list of any increase in the collection of information burden,

including the authority for each such collection; and

(iv) a list of agencies that in the preceding year did not reduce

information collection burdens in accordance with section 3505(a)(1), a

list of the programs and statutory responsibilities of those agencies that

precluded that reduction, and recommendations to assist those agencies

to reduce information collection burdens in accordance with that section;

(B) improved the quality and utility of statistical information;

(D) improved program performance and the accomplishment of

agency missions through information resources management.

(b) The preparation of any report required by this section shall be

based on performance results reported by the agencies and shall not

increase the collection of information burden on persons outside the

Federal Government.

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Sec. 3515. Administrative Powers

Upon the request of the Director, each agency

(other than an

independent regulatory agency) shall, to the extent practicable, make its

services, personnel, and facilities available to the Director for the

performance of functions under this chapter.

Sec. 3516. Rules and Regulations

The Director shall promulgate rules, regulations

, or procedures

necessary to exercise the authority provided by this chapter.

Sec. 3517. Consultation With Other Agencies and the Public

(a) In developing information resources management policies, plans,

rules, regulations, procedures, and guidelines and in reviewing

collections of information, the Director shall provide interested agencies

and persons early and meaningful opportunity to comment.

(b) Any person may request the Director to review any collection of

information conducted by or for an agency to determine, if, under this chapter,

a person shall maintain, provide, or disclose the information to or for the

agency. Unless the request is frivolous, the Director shall, in coordination

with the agency responsible for the collection of information

(1) respond to the request within 60 days after receiving the request,

unless such period is extended by the Director to a specified date and the

person making the request is given notice of such extension; and

(2) take appropriate remedial action, if necessary.

Sec. 3518. Effect on Existing Laws and Regulations

(a) Except as otherwise provided in this chapter, the authority of an

agency under any other law to prescribe policies, rules, regulations, and

procedures for Federal information resources management activities is subject

to the authority of the Director under this chapter.

(b) Nothing in this chapter shall be deemed to affect or reduce the

authority of the Secretary of Commerce or the Director of the Office of

Management and Budget pursuant to Reorganization Plan No. 1 of 1977 (as

amended) and Executive order, relating to telecommunications and

information policy, procurement and management of telecommunications and

information systems, spectrum use, and related matters.

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(c)(1) Except as provided in paragraph (2), this chapter shall not

apply to the collection of information --

(A)

during the conduct of a Federal criminal investigation or

prosecution, or during the disposition of a particular criminal matter;

(B) during the conduct of –

(i) a civil action to which the United States or any official or agency

thereof is a party; or

(ii) an administrative action or investigation involving an agency

against specific individuals or entities;

Act and section 13 of the Federal Trade Commission Improvements Act

of 1980; or

(D) during the conduct of intelligence activities as defined in section

3.4(e) of Executive Order No. 12333, issued December 4, 1981, or

successor orders, or during the conduct of cryptologic activities that are

communications security activities.

(2) This chapter applies to the collection of information during the

conduct of general investigations (other than information collected in an

antitrust investigation to the extent provided in subparagraph (C) of

paragraph (1)) undertaken with reference to a category of individuals or

entities such as a class of licensees or an entire industry.

(d) Nothing in this chapter shall be interpreted as increasing or

decreasing the authority conferred by Public Law 89-306 on the

Administrator of the General Services Administration, the Secretary of

Commerce, or the Director of the Office of Management and Budget.

(e) Nothing in this chapter shall be interpreted as increasing or

decreasing the authority of the President, the Office of Management and

Budget or the Director thereof, under the laws of the United States, with

respect to the substantive policies and programs of departments, agencies

and offices, including the substantive authority of any Federal agency to

enforce the civil rights laws.

Sec. 3519. Access to Information

Under the conditions and procedures prescribed in section 716 of title 31,

the Director and personnel in the Office of Information and Regulatory Affairs

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shall furnish such information as the Comptroller General may require for the

discharge of the responsibilities of the Comptroller General. For the purpose

of obtaining such information, the Comptroller General or representatives

thereof shall have access to all books, documents, papers and records,

regardless of form or format, of the Office.

Sec. 4. Note: 44 USC 3501 Note. Effective Date.

(a) In General. -- Except as otherwise provided in this section, this

Act and the amendments made by this Act shall take effect on October 1.

E-Government Act of 2002

U.S. Code 44 U.S.C 101, Ch. 35 and 36

Public Law 107-347

Date December 17, 2002

Committee

Reports

U.S. House Conference Report 107-787 U.S. House.

Committee on Government Reform.

H. Report No. 107-787, Part 1 accompanying H.R. 2458

U.S. Senate. Committee on Governmental Affairs. S.

URL http://cfr.law.cornell.edu/uscode/html/uscode44/usc_sup_

01_44_10_35.html

http://uscode.house.gov/download/pls/44C35.txt

http://cfr.law.cornell.edu/uscode/html/uscode44/usc_sup_

01_44_10_36.html

http://uscode.house.gov/download/pls/44C36.txt

Editor’s note: This Act enhances the management and promotion of

electronic government (e-government) by establishing a Federal

Administrator for e-government in the Office of Management and Budget

(OMB), and a broad framework of measures that requires using Internet-

based IT to enhance access to government information and services. It also

defines e-government and statutorily authorizes the CIO Council.. The Act

includes the Federal Information Security Management Act (FISMA) which

provides for ensuring the effectiveness of information security controls over

information resources that support Federal operations and assets. Non CIO-

related sections of the E-Government Act of 2002 have been removed.

E-Government Act

, Condensed

Title I: OMB Electronic Government Service

Establishes an OMB Office of Electronic Government, headed by an

Administrator appointed by the President. Requires the Administrator and

other OMB officials to

Source: Congressional Research Service

• Set the strategic direction for implementing

electronic government

• Recommend changes relating to government-wide strategies

and priorities for E-Government

• Promote innovative uses of IT by agencies

• Oversee distribution of funds from the E-Government Fund

• Lead the activities of the CIO Council

• Assist in establishing policies that set the framework for

government IT standards developed by the National Institute

of Standards and Technology (NIST) and promulgated by the

Secretary of Commerce

• Coordinate with the Administrator for Federal Procurement

Policy to ensure effective implementation of electronic

procurement initiatives

This Act codifies Executive Order 13011 (Federal Information

Technology) establishing the CIO Council and designating it as the

principal interagency forum for improving agency practices related to the

design, acquisition, development, modernization, use, operation, sharing,

and performance of Federal government information resources.

Establishes the E-Government Fund to support relevant projects.

Title II: Federal Management and Promotion of Electronic

Government Services

Each agency CIO is responsible for monitoring the implementation

of IT standards, including common standards for interconnectivity and

interoperability, categorization of government electronic information,

and computer system efficiency and security.

Requires each agency to submit an annual E-Government status report.

Makes this title inapplicable to national security systems, with

exceptions. Requires each agency to ensure that its methods for use and

acceptance of electronic signatures are compatible with the relevant

E-Government Act of 2002

policies and procedures issued by OMB.

Establishes the Interagency Committee on Government Information

which is required to submit recommendations to OMB on the adoption of

standards to enable the organization and categorization of government

information. Requires OMB to promulgate guidance for agency websites.

Requires the Director of the Office of Personnel Management (OPM)

to analyze IT and IRM personnel needs of the government and oversee

the training needs of Federal employees in IT disciplines. Requires each

agency head to establish and operate IT training programs.

Sets forth provisions regarding CIO authorities and responsibilities,

IT training reporting, authority to detail employees to non-federal

employers, and employee participation. Authorizes an agency head to

arrange for the assignment of an agency employee who works in the IT

management field to a private sector organization or of an employee of

such an organization to the agency.

Directs the Administrator to study the use of IT to enhance crisis

preparedness, response, and consequence management of natural and

manmade disasters; and work with other agencies and local governments

on pilot projects or reports to Congress.

Requires the Administrator to facilitate the development of common

protocols for the development, acquisition, maintenance, distribution,

and application of geographic information.

Title III: Information Security - FISMA

Requires Federal agencies to have agency-wide Information Security

(IS) programs and report annually to OMB, the Comptroller General and

Congress on the adequacy and effectiveness of IS policies, procedures

and practices.

Sets forth provisions regarding delegation of the Director's authority

regarding certain systems operated by the Department of Defense and by

the Central Intelligence Agency.

E-Government Act of 2002

Directs the head of each agency to delegate to the agency CIO the

authority to ensure compliance with this Act and ensure that the agency

has trained IS personnel.

Requires each agency to address in its annual IS report, adequacy

and effectiveness in plans and reports relating to annual agency budgets,

information resources management, IT management, program

performance, financial management, financial management systems, and

internal accounting and administrative controls; and report any

significant deficiency.

Sets forth requirements regarding performance plans, and public

notice and comment. Requires OMB to ensure the operation of a central

Federal information security incident center. Requires each agency

exercising control of a national security system to share information

about information security incidents, threats, and vulnerabilities with the

center to the extent consistent with standards and guidelines for national

security systems.

Amends the National Institute of Standards and Technology Act to

provide that NIST shall: (1) have the mission of developing standards,

guidelines, and associated methods and techniques for information

systems; (2) develop standards and guidelines for information systems

used or operated by an agency or by a contractor on behalf of an agency,

other than national security systems; and (3) develop standards and

guidelines for providing adequate information security for all agency

operations and assets.

Amends the Paperwork Reduction Act to require each agency to develop

and maintain an inventory of major information systems (including major

national security systems), including an identification of the interfaces

between each such system and all other systems or networks.

Electronic Government Act of 2002

Sec. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the E-Government Act

of 2002.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

TITLE I--OFFICE OF MANAGEMENT AND BUDGET

ELECTRONIC GOVERNMENT SERVICES

Sec. 101. Management and promotion of electronic

government services.

Sec. 102. Conforming amendments.

TITLE II--FEDERAL MANAGEMENT AND PROMOTION OF

ELECTRONIC GOVERNMENT SERVICES

Sec. 201. Definitions.

Sec. 202. Federal agency responsibilities.

Sec. 203. Compatibility of executive agency methods for use and

acceptance of electronic signatures.

Sec. 204. Federal Internet portal.

Sec. 205. Federal courts.

Sec. 206. Regulatory agencies.

Sec. 207. Accessibility, usability, and preservation of

workforce development.

Sec. 210. Share-in-savings initiatives.

Sec. 211. Authorization for acquisition of information

technology by State and local governments through

Sec. 214. Enhancing crisis management through advanced

geographic information systems.

TITLE III--INFORMATION SECURITY

Sec. 301. Information security.

Sec. 302. Management of information technology.

Sec. 303. National Institute of Standards and Technology.

E-Government Act of 2002

Sec. 304. Information Security and Privacy Advisory Board.

Sec. 305. Technical and conforming amendments.

TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND

EFFECTIVE DATES

Sec. 401. Authorization of appropriations.

Sec. 402. Effective dates.

TITLE V--CONFIDENTIAL INFORMATION PROTECTION

AND STATISTICAL EFFICIENCY

Sec. 501. Short title.

Sec. 502. Definitions.

Sec. 503. Coordination and oversight of policies.

Sec. 504. Effect on other laws.

Subtitle A--Confidential Information Protection

Sec. 511. Findings and purposes.

Sec. 512. Limitations on use and disclosure of data and information.

Sec. 513. Fines and penalties.

Subtitle B--Statistical Efficiency

Sec. 521. Findings and purposes.

Sec. 522. Designation of statistical agencies.

Sec. 523. Responsibilities of designated statistical agencies.

Sec. 524. Sharing of business data among designated

statistical agencies.

Sec. 525. Limitations on use of business data provided by designated

statistical agencies.

Sec. 526. Conforming amendments.

U.S. Code Table of Contents

TITLE 44 – PUBLIC PRINTING AND DOCUMENTS

CHAPTER 36 – Management and Promotion of Electronic

Government Services

Sec. 3601. Definitions

Sec. 3602. Office of Electronic Government

E-Government Act of 2002

Sec. 3603. Chief Information Officers Council

Sec. 3604. E-Government Fund

Sec.

3605. Program to encourage innovative solutions to enhance

electronic Government services and processes

Sec. 3606. E-Government report

TITLE 40 – PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I – Federal Property and Administrative Services

CHAPTER 3 – Organization of General Services Administration

SUBCHAPTER I – General

Sec. 305. Electronic Government and information technologies

TITLE 31 – MONEY AND FINANCE

SUBTITLE I – General

CHAPTER 5 – Office of Management and Budget

SUBCHAPTER I – Organization

Sec. 503. Functions of Deputy Director for Management

Sec. 507. Office of Electronic Government

TITLE 44 – PUBLIC PRINTING AND DOCUMENTS

CHAPTER 35 – Coordination of Federal Information Policy

SUBCHAPTER I – Federal Information Policy

Sec. 3501. Purposes – Notes

Sec. 3505. Assignment of tasks and deadlines

TITLE 5 – GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III – Employees

SUBPART B – Employment and Retention

CHAPTER 37 – Information Technology Exchange Program

Sec.

3701. Definitions

Sec. 3702. General provisions

Sec. 3703. Assignment of employees to private sector organizations

Sec. 3704. Assignment of employees from private sector

organizations

E-Government Act of 2002

Sec. 3705. Application to Office of the Chief Technology Officer of

the District of Columbia

Sec. 3706. Reporting requirement

Sec. 3707. Regulations

TITLE 10 – ARMED FORCES

SUBTITLE A – General Military Law

PART IV – Service, Supply, and Procurement

CHAPTER 137 – Procurement Generally

Sec. 2332. Share-in-savings contracts

TITLE 41 – PUBLIC CONTRACTS

CHAPTER 4 – Procurement Procedures

SUBCHAPTER IV – Procurement Provisions

Sec. 266a. Share-in-savings contracts

TITLE 40 – PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I – Federal Property and Administrative Services

CHAPTER 5 – Property Management

SUBCHAPTER I – Procurement and Warehousing

Sec. 502. Services for other entities

TITLE 44 – PUBLIC PRINTING AND DOCUMENTS

SUBCHAPTER III – INFORMATION SECURITY

Sec.

3541. Purposes

Sec. 3542. Definitions

Sec. 3543. Authority and functions of the Director

Sec.

3544. Federal agency responsibilities

Sec. 3545. Annual independent evaluation

Sec. 3546. Federal information security incident center

Sec. 3547. National security systems

Sec. 3548. Authorization of appropriations

Sec. 3549. Effect on existing law

E-Government Act of 2002

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE III— Information Technology Management

CHAPTER 113—Responsibility for Acquisitions of Information

Technology

SUBCHAPTER III – Other Responsibilities

Sec. 11331

TITLE 15 – COMMERCE AND TRADE-

CHAPTER 7 – NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY

Sec

278g-3. Computer standards program

Sec 278g-4. Information Security and Privacy Advisory Board

TITLE 44 - CHAPTER 36 – Management and Promotion of

Electronic Government Services

Sec. 3601. Definitions

Sec. 3602. Office of Electronic Government

Sec. 3603. Chief Information Officers Council

Sec. 3604. E-Government Fund

Sec.

3605. Program to encourage innovative solutions to enhance

electronic Government services and processes

Sec. 3606. E-Government report

Sec. 3601. Definitions – Notes:

Findings and Purposes

Pub. L. 107–347, § 2, Dec. 17, 2002, 116 Stat. 2900, provided that:

(a) Findings.—Congress finds the following:

(1) The use of computers and the Internet is rapidly transforming

societal interactions and the relationships among citizens, private

businesses, and the Government.

(2) The Federal Government has had uneven success in applying

advances in information technology to enhance governmental functions and

E-Government Act of 2002

services, achieve more efficient performance, increase access to Government

information, and increase citizen participation in Government.

(3) Most Internet-based services of the Federal Government are

developed and presented separately, according to the jurisdictional

boundaries of an individual department or agency, rather than being

integrated cooperatively according to function or topic.

(4) Internet-based Government services involving interagency

cooperation are especially difficult to develop and promote, in part

because of a lack of sufficient funding mechanisms to support such

interagency cooperation.

(5) Electronic Government has its impact through improved

Government performance and outcomes within and across agencies.

(6) Electronic Government is a critical element in the management of

Government, to be implemented as part of a management framework that

also addresses finance, procurement, human capital, and other challenges

to improve the performance of Government.

(7) To take full advantage of the improved Government performance that

can be achieved through the use of Internet-based technology requires strong

leadership, better organization, improved interagency collaboration, and more

focused oversight of agency compliance with statutes related to information

resource management.

(b) Purposes.—The purposes of this Act are the following:

(1) To provide effective leadership of Federal Government efforts to

develop and promote electronic Government services and processes by

establishing an Administrator of a new Office of Electronic Government

within the Office of Management and Budget.

(2) To promote use of the Internet and other information

technologies to provide increased opportunities for citizen

participation in Government.

(3) To promote interagency collaboration in providing electronic

Government services, where this collaboration would improve the

service to citizens by integrating related functions, and in the use of

E-Government Act of 2002

internal electronic Government processes, where this collaboration

would improve the efficiency and effectiveness of the processes.

(4) To improve the ability of the Government to achieve agency

missions and program performance goals.

(5) To promote the use of the Internet and emerging

technologies within and across Government agencies to provide

citizen-centric Government information and services.

(6) To reduce costs and burdens for businesses and other

Government entities.

(7) To promote better informed decisionmaking by policy makers.

(8) To promote access to high quality Government information and

services across multiple channels.

(9) To make the Federal Government more transparent and accountable.

(10) To transform agency operations by utilizing, where appropriate, best

practices from public and private sector organizations.

(11) To provide enhanced access to Government information and services

in a manner consistent with laws regarding protection of personal privacy,

national security, records retention, access for persons with disabilities, and

other relevant laws.

Sec. 3601. Definitions

In this chapter, the definitions under section

3502 shall apply, and

the term—

(1) “Administrator” means the Administrator of the Office of

Electronic Government established under section 3602;

(2) “Council” means the Chief Information Officers Council

established under section

3603;

(3) “electronic Government” means the use by the Government

of web-based Internet applications and other information

technologies, combined with processes that implement these

technologies, to—

E-Government Act of 2002

(A) enhance the access to and delivery of Government

information and services to the public, other agencies, and other

Government entities; or

(B) bring about improvements in Government operations that may

include effectiveness, efficiency, service quality, or transformation;

(4) “enterprise architecture”—

(A) means—

(i) a strategic information asset base, which defines the mission;

(ii) the information necessary to perform the mission;

(iii) the technologies necessary to perform the mission; and

(iv) the transitional processes for implementing new technologies in

response to changing mission needs; and

(B) includes—

(i) a baseline architecture;

(ii) a target architecture; and

(iii) a sequencing plan;

(5) “Fund” means the E-Government Fund established under

section

3604;

(6) “interoperability” means the ability of different operating and software

systems, applications, and services to communicate and exchange data in an

accurate, effective, and consistent manner;

(7) “integrated service delivery” means the provision of Internet-based

Federal Government information or services integrated according to function

or topic rather than separated according to the boundaries of agency

jurisdiction; and

(8) “tribal government” means—

(A) the governing body of any Indian tribe, band, nation, or other

organized group or community located in the continental United States

(excluding the State of Alaska) that is recognized as eligible for the special

E-Government Act of 2002

programs and services provided by the United States to Indians because of

their status as Indians, and

(B) any Alaska Native regional or village corporation established pursuant

to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

Sec. 3602. Office of Electronic Government

(a) There is established in the Office of Management and Budget an

Office of Electronic Government.

(b) There shall be at the head of the Office an Administrator who shall be

appointed by the President.

(1) all functions under this chapter;

(2) all of the functions assigned to the Director under title II of the E-

Government Act of 2002; and

(3) other electronic government initiatives, consistent with other statutes.

(d) The Administrator shall assist the Director and the Deputy Director for

Management and work with the Administrator of the Office of Information

and Regulatory Affairs in setting strategic direction for implementing

electronic Government, under relevant statutes, including—

(1) chapter 35;

(2) subtitle III of title

40, United States Code;

(3) section

552a of title 5 (commonly referred to as the “Privacy Act”);

(4) the Government Paperwork Elimination Act (

44 U.S.C. 3504

note ); and

(5) the Federal Information Security Management Act of 2002.

(e) The Administrator shall work with the Administrator of the

Office of Information and Regulatory Affairs and with other offices

within the Office of Management and Budget to oversee implementation

of electronic Government under this chapter, chapter 35, the E-

E-Government Act of 2002

Government Act of 2002, and other relevant statutes, in a manner

consistent with law, relating to—

(1) capital planning and investment control for information

technology;

(2) the development of enterprise architectures;

(3) information security;

(4) privacy;

(5) access to, dissemination of, and preservation of Government

information;

(6) accessibility of information technology for persons with

disabilities; and

(7) other areas of electronic Government.

(f) Subject to requirements of this chapter, the Administrator

shall assist the Director by performing electronic Government

functions as follows:

(1) Advise the Director on the resources required to develop and

effectively administer electronic Government initiatives.

(2) Recommend to the Director changes relating to Governmentwide

strategies and priorities for electronic Government.

(3) Provide overall leadership and direction to the executive branch

on electronic Government.

(4) Promote innovative uses of information technology by agencies,

particularly initiatives involving multiagency collaboration, through

support of pilot projects, research, experimentation, and the use of

innovative technologies.

(5) Oversee the distribution of funds from, and ensure appropriate

administration and coordination of, the E-Government Fund established

under section

3604.

(6) Coordinate with the Administrator of General Services regarding

programs undertaken by the General Services Administration to promote

E-Government Act of 2002

electronic government and the efficient use of information technologies

by agencies.

(7) Lead the activities of the Chief Information Officers Council

established under section 3603 on behalf of the Deputy Director for

Management, who shall chair the council.

(8) Assist the Director in establishing policies which shall set the

framework for information technology standards for the Federal

Government developed by the National Institute of Standards and

Technology and promulgated by the Secretary of Commerce under

section 11331 of title 40, taking into account, if appropriate,

recommendations of the Chief Information Officers Council, experts, and

interested parties from the private and nonprofit sectors and State, local,

and tribal governments, and maximizing the use of commercial standards

as appropriate, including the following:

(A) Standards and guidelines for interconnectivity and

interoperability as described under section

3504.

(B) Consistent with the process under section 207(d) of the E-

Government Act of 2002, standards and guidelines for categorizing

Federal Government electronic information to enable efficient use of

technologies, such as through the use of extensible markup language.

system efficiency and security.

(9) Sponsor ongoing dialogue that—

(A) shall be conducted among Federal, State, local, and tribal

government leaders on electronic Government in the executive,

legislative, and judicial branches, as well as leaders in the private

and nonprofit sectors, to encourage collaboration and enhance

understanding of best practices and innovative approaches in

acquiring, using, and managing information resources;

(B) is intended to improve the performance of governments in

collaborating on the use of information technology to improve the

delivery of Government information and services; and

E-Government Act of 2002

(i) development of innovative models—

(I) for electronic Government management and Government

information technology contracts; and

(II) that may be developed through focused discussions or using

separately sponsored research;

(ii) identification of opportunities for public-private collaboration in

using Internet-based technology to increase the efficiency of

Government-to-business transactions;

(iii) identification of mechanisms for providing incentives to

program managers and other Government employees to develop and

implement innovative uses of information technologies; and

(iv) identification of opportunities for public, private, and

intergovernmental collaboration in addressing the disparities in access to

the Internet and information technology.

(10) Sponsor activities to engage the general public in the

development and implementation of policies and programs, particularly

activities aimed at fulfilling the goal of using the most effective citizen-

centered strategies and those activities which engage multiple agencies

providing similar or related information and services.

(11) Oversee the work of the General Services Administration and

other agencies in developing the integrated Internet-based system under

section 204 of the E-Government Act of 2002.

(12) Coordinate with the Administrator for Federal Procurement Policy to

ensure effective implementation of electronic procurement initiatives.

(13) Assist Federal agencies, including the General Services

Administration, the Department of Justice, and the United States Access

Board in—

(A) implementing accessibility standards under section 508 of the

Rehabilitation Act of 1973 (

29 U.S.C. 794d); and

E-Government Act of 2002

(B) ensuring compliance with those standards through the budget

review process and other means.

(14) Oversee the development of enterprise architectures within and

across agencies.

(15) Assist the Director and the Deputy Director for Management in

overseeing agency efforts to ensure that electronic Government activities

incorporate adequate, risk-based, and cost-effective security compatible with

business processes.

(16) Administer the Office of Electronic Government established

under this section.

(17) Assist the Director in preparing the E-Government report

established under section

3606.

(g) The Director shall ensure that the Office of Management and

Budget, including the Office of Electronic Government, the Office of

Information and Regulatory Affairs, and other relevant offices, have

adequate staff and resources to properly fulfill all functions under the E-

Government Act of 2002.

Sec. 3603. Chief Information Officers Council

(a) There is established in the executive branch a Chief Information

Officers Council.

(b) The members of the Council shall be as follows:

(1) The Deputy Director for Management of the Office of

Management and Budget, who shall act as chairperson of the Council.

(2) The Administrator of the Office of Electronic Government.

(3) The Administrator of the Office of Information and

Regulatory Affairs.

(4) The chief information officer of each agency described under

section

901 (b) of title 31.

(5) The chief information officer of the Central Intelligence Agency.

E-Government Act of 2002

(6) The chief information officer of the Department of the Army, the

Department of the Navy, and the Department of the Air Force, if chief

information officers have been designated for such departments under

section

3506 (a)(2)(B).

(7) Any other officer or employee of the United States designated by

the chairperson.

shall lead the activities of the Council on behalf of the Deputy Director

for Management.

(2) (A) The Vice Chairman of the Council shall be selected by the

Council from among its members.

(B) The Vice Chairman shall serve a 1-year term, and may serve

multiple terms.

(3) The Administrator of General Services shall provide

administrative and other support for the Council.

(d) The Council is designated the principal interagency forum for

improving agency practices related to the design, acquisition,

development, modernization, use, operation, sharing, and performance of

Federal Government information resources.

(e) In performing its duties, the Council shall consult regularly with

representatives of State, local, and tribal governments.

(f) The Council shall perform functions that include the following:

(1) Develop recommendations for the Director on Government

information resources management policies and requirements.

(2) Share experiences, ideas, best practices, and innovative

approaches related to information resources management.

(3) Assist the Administrator in the identification, development,

and coordination of multiagency projects and other innovative

initiatives to improve Government performance through the use of

information technology.

E-Government Act of 2002

(4) Promote the development and use of common performance

measures for agency information resources management under this

chapter and title II of the E-Government Act of 2002.

(5) Work as appropriate with the National Institute of Standards and

Technology and the Administrator to develop recommendations on

information technology standards developed under section 20 of the

National Institute of Standards and Technology Act (15 U.S.C. 278g–3)

and promulgated under section

11331 of title 40, and maximize the use

of commercial standards as appropriate, including the following:

(A) Standards and guidelines for interconnectivity and

interoperability as described under section

3504.

(B) Consistent with the process under section 207(d) of the E-

Government Act of 2002, standards and guideline for categorizing

Federal Government electronic information to enable efficient use of

technologies, such as through the use of extensible markup language.

system efficiency and security.

(6) Work with the Office of Personnel Management to assess and

address the hiring, training, classification, and professional development

needs of the Government related to information resources management.

(7) Work with the Archivist of the United States to assess how the

Federal Records Act can be addressed effectively by Federal information

resources management activities.

Sec. 3604. E-Government Fund

(a)

(1) There is established in the Treasury of the United States the E-

Government Fund.

(2) The Fund shall be administered by the Administrator of the General

Services Administration to support projects approved by the Director, assisted

by the Administrator of the Office of Electronic Government, that enable the

Federal Government to expand its ability, through the development and

E-Government Act of 2002

implementation of innovative uses of the Internet or other electronic methods,

to conduct activities electronically.

(3) Projects under this subsection may include efforts to—

(A) make Federal Government information and services more

readily available to members of the public (including individuals,

businesses, grantees, and State and local governments);

(B) make it easier for the public to apply for benefits, receive

services, pursue business opportunities, submit information, and

otherwise conduct transactions with the Federal Government; and

technology in sharing information and conducting transactions with

each other and with State and local governments.

(b)

(1) The Administrator shall—

(A) establish procedures for accepting and reviewing proposals

for funding;

(B) consult with interagency councils, including the Chief

Information Officers Council, the Chief Financial Officers Council,

and other interagency management councils, in establishing

procedures and reviewing proposals; and

receive from the Fund with other resources available to agencies for

similar purposes.

(2) When reviewing proposals and managing the Fund, the

Administrator shall observe and incorporate the following procedures:

(A) A project requiring substantial involvement or funding from an

agency shall be approved by a senior official with agencywide authority

on behalf of the head of the agency, who shall report directly to the head

of the agency.

(B) Projects shall adhere to fundamental capital planning and investment

control processes.

E-Government Act of 2002

the agencies involved and how these resources would be coordinated with

support from the Fund, and include plans for potential continuation of projects

after all funds made available from the Fund are expended.

(D) After considering the recommendations of the interagency councils,

the Director, assisted by the Administrator, shall have final authority to

determine which of the candidate projects shall be funded from the Fund.

(E) Agencies shall assess the results of funded projects.

the Administrator—

(1) shall consider criteria that include whether a proposal—

(A) identifies the group to be served, including citizens, businesses,

the Federal Government, or other governments;

(B) indicates what service or information the project will provide

that meets needs of groups identified under subparagraph (A);

(D) is interagency in scope, including projects implemented by a

primary or single agency that—

(i) could confer benefits on multiple agencies; and

(ii) have the support of other agencies; and

(E) has performance objectives that tie to agency missions and

strategic goals, and interim results that relate to the objectives; and

(2) may also rank proposals based on criteria that include

whether a proposal—

(A) has Governmentwide application or implications;

(B) has demonstrated support by the public to be served;

service delivery;

(D) identifies resource commitments from nongovernmental sectors;

E-Government Act of 2002

(E) identifies resource commitments from the agencies involved;

(F) uses web-based technologies to achieve objectives;

(G) identifies records management and records access strategies;

(H) supports more effective citizen participation in and

interaction with agency activities that further progress toward a

more citizen-centered Government;

(I) directly delivers Government information and services to the public

or provides the infrastructure for delivery;

(J) supports integrated service delivery;

(K) describes how business processes across agencies will reflect

appropriate transformation simultaneous to technology implementation; and

(L) is new or innovative and does not supplant existing funding

streams within agencies.

(d) The Fund may be used to fund the integrated Internet-based

system under section 204 of the E-Government Act of 2002.

(e) None of the funds provided from the Fund may be transferred to

any agency until 15 days after the Administrator of the General Services

Administration has submitted to the Committees on Appropriations of

the Senate and the House of Representatives, the Committee on

Governmental Affairs of the Senate, the Committee on Government

Reform of the House of Representatives, and the appropriate authorizing

committees of the Senate and the House of Representatives, a

notification and description of how the funds are to be allocated and how

the expenditure will further the purposes of this chapter.

(f) (1) The Director shall report annually to Congress on the operation of

the Fund, through the report established under section

3606.

(2) The report under paragraph (1) shall describe—

(A) all projects which the Director has approved for funding from the

Fund; and

(B) the results that have been achieved to date for these funded projects.

E-Government Act of 2002

(g) (1) There are authorized to be appropriated to the Fund—

(A) $45,000,000 for fiscal year 2003;

(B) $50,000,000 for fiscal year 2004;

(D) $150,000,000 for fiscal year 2006; and

(E) such sums as are necessary for fiscal year 2007.

(2) Funds appropriated under this subsection shall remain available

until expended.

Sec. 3605. Program to encourage innovative solutions to enhance

electronic Government services and processes

(a)

Establishment of Program.— The Administrator shall establish and

promote a Governmentwide program to encourage contractor innovation and

excellence in facilitating the development and enhancement of electronic

Government services and processes.

(b) Issuance of Announcements Seeking Innovative Solutions.— Under

the program, the Administrator, in consultation with the Council and the

Administrator for Federal Procurement Policy, shall issue announcements

seeking unique and innovative solutions to facilitate the development and

enhancement of electronic Government services and processes.

(1) The Administrator, in consultation with the Council and the

Administrator for Federal Procurement Policy, shall convene a

multiagency technical assistance team to assist in screening proposals

submitted to the Administrator to provide unique and innovative

solutions to facilitate the development and enhancement of electronic

Government services and processes. The team shall be composed of

employees of the agencies represented on the Council who have

expertise in scientific and technical disciplines that would facilitate the

assessment of the feasibility of the proposals.

(2) The technical assistance team shall—

E-Government Act of 2002

(A) assess the feasibility, scientific and technical merits, and

estimated cost of each proposal; and

(B) submit each proposal, and the assessment of the proposal, to

the Administrator.

(3) The technical assistance team shall not consider or evaluate

proposals submitted in response to a solicitation for offers for a

pending procurement or for a specific agency requirement.

(4) After receiving proposals and assessments from the technical

assistance team, the Administrator shall consider recommending

appropriate proposals for funding under the E-Government Fund

established under section

3604 or, if appropriate, forward the proposal

and the assessment of it to the executive agency whose mission most

coincides with the subject matter of the proposal.

Sec. 3606. E-Government report

(a) Not later than March 1 of each year, the Director shall submit

an E-Government status report to the Committee on Governmental

Affairs of the Senate and the Committee on Government Reform of

the House of Representatives.

(b) The report under subsection (a) shall contain—

(1) a summary of the information reported by agencies under section

202(f) of the E-Government Act of 2002;

(2) the information required to be reported by section 3604 (f); and

(3) a description of compliance by the Federal Government with

other goals and provisions of the E-Government Act of 2002.

TITLE 40 – SUBTITLE I – CHAPTER 3 – SUBCHAPTER I

Sec. 305. Electronic Government and information technologies

The Administrator of General Services shall consult with the

Administrator of the Office of Electronic Government on programs

undertaken by the General Services Administration to promote

electronic Government and the efficient use of information

technologies by Federal agencies.

E-Government Act of 2002

TITLE 31 – SUBTITLE I – CHAPTER 5 – SUBCHAPTER I

Sec. 503. Functions of Deputy Director for Management

(b) Subject to the direction and approval of the Director, the Deputy

Director for Management shall establish general management policies for

executive agencies and perform the following general management functions:

(5) Chair the Chief Information Officers Council established under

section

3603 of title 44.

Sec. 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.

TITLE 44 – CHAPTER 35 – SUBCHAPTER I – FEDERAL

INFORMATION POLICY

Sec. 3501. Purposes – NOTES: Federal Management and Promotion of

Electronic Government Services

Pub. L. 107–347, title II, Dec. 17, 2002, 116 Stat. 2910, provided that:

Sec. 201. Definitions

Except as otherwise provided, in this title the definitions under

sections 3502 and 3601 of title 44, United States Code, shall apply.

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 [see Tables for

classification] (including the amendments made by this Act), the related

information resource management policies and guidance established by the

Director of the Office of Management and Budget, and the related information

technology standards promulgated by the Secretary of Commerce;

(2) ensuring that the information resource management policies and

guidance established under this Act by the Director, and the related

information technology standards promulgated by the Secretary of Commerce

are communicated promptly and effectively to all relevant officials within

their agency; and

E-Government Act of 2002

(3) supporting the efforts of the Director and the Administrator of the

General Services Administration to develop, maintain, and promote an

integrated Internet-based system of delivering Federal Government

information and services to the public under section 204.

(b) Performance Integration.—

(1) Agencies shall develop performance measures that

demonstrate how electronic government enables progress toward

agency objectives, strategic goals, and statutory mandates.

(2) In measuring performance under this section, agencies shall

rely on existing data collections to the extent practicable.

(3) Areas of performance measurement that agencies should

consider include—

(A) customer service;

(B) agency productivity; and

appropriate use of commercial best practices.

(4) Agencies shall link their performance goals, as appropriate, to

key groups, including citizens, businesses, and other governments, and to

internal Federal Government operations.

(5) As appropriate, agencies shall work collectively in linking their

performance goals to groups identified under paragraph (4) and shall use

information technology in delivering Government information and

services to those groups.

implementing programs regarding the provision of Government

information and services over the Internet, agency heads shall consider

the impact on persons without access to the Internet, and shall, to the

extent practicable—

(1) ensure that the availability of Government information and

services has not been diminished for individuals who lack access to the

Internet; and

E-Government Act of 2002

(2) pursue alternate modes of delivery that make Government

information and services more accessible to individuals who do not own

computers or lack access to the Internet.

(d) Accessibility to People With Disabilities.—All actions taken by

Federal departments and agencies under this Act [see Tables for

classification] 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 Information Officer of

each of the agencies designated under chapter

36 of title 44, United

States Code (as added by this Act) shall be responsible for—

(1) participating in the functions of the Chief Information Officers

Council; and

(2) monitoring the implementation, within their respective agencies,

of information technology standards promulgated by the Secretary of

Commerce, including common standards for interconnectivity and

interoperability, categorization of Federal Government electronic

information, and computer system efficiency and security.

(g) E-Government Status Report.—

(1) In general.—Each agency shall compile and submit to the

Director an annual E-Government Status Report on—

(A) the status of the implementation by the agency of electronic

government initiatives;

(B) compliance by the agency with this Act [see Tables for

classification]; and

improve performance in delivering programs to constituencies.

(2) Submission.—Each agency shall submit an annual report

under this subsection—

E-Government Act of 2002

(A) to the Director at such time and in such manner as the

Director requires;

(B) consistent with related reporting requirements; and

(h) Use of Technology.—Nothing in this Act [see Tables for

classification] supersedes the responsibility of an agency to use or

manage information technology to deliver Government information and

services that fulfill the statutory mission and programs of the agency.

(i) National Security Systems.—

(1) Inapplicability.—Except as provided under paragraph (2), this

title does not apply to national security systems as defined in section

11103 of title 40, United States Code.

(2) Applicability.—This section, section 203, and section 214 do

apply to national security systems to the extent practicable and consistent

with law.

Sec. 203. Compatibility of Executive Agency Methods for Use and

Acceptance of Electronic Signatures

(a) Purpose.—The purpose of this section is to achieve interoperable

implementation of electronic signatures for appropriately secure

electronic transactions with Government.

(b) Electronic Signatures.—In order to fulfill the objectives of

the Government Paperwork Elimination Act (Public Law 105–277;

112 Stat. 2681–749 through 2681–751) [44 U.S.C. 3504 note ], each

Executive agency (as defined under section

105 of title 5, United

States Code) shall ensure that its methods for use and acceptance of

electronic signatures are compatible with the relevant policies and

procedures issued by the Director.

General Services shall support the Director by establishing a framework

to allow efficient interoperability among Executive agencies when using

electronic signatures, including processing of digital signatures.

E-Government Act of 2002

(d) Authorization of Appropriations.—There are authorized to be

appropriated to the General Services Administration, to ensure the

development and operation of a Federal bridge certification authority for

digital signature compatibility, and for other activities consistent with

this section, $8,000,000 or such sums as are necessary in fiscal year

2003, and such sums as are necessary for each fiscal year thereafter.

Sec. 204. Federal Internet Portal

(a) In General.—

(1) Public access.—The Director shall work with the Administrator

of the General Services Administration and other agencies to maintain

and promote an integrated Internet-based system of providing the public

with access to Government information and services.

(2) Criteria.—To the extent practicable, the integrated system shall

be designed and operated according to the following criteria:

(A) The provision of Internet-based Government information and

services directed to key groups, including citizens, business, and other

governments, and integrated according to function or topic rather than

separated according to the boundaries of agency jurisdiction.

(B) An ongoing effort to ensure that Internet-based Government services

relevant to a given citizen activity are available from a single point.

consolidated, as appropriate, with Internet-based information and

services provided by State, local, and tribal governments.

(D) Access to Federal Government information held by 1 or more

agencies shall be made available in a manner that protects privacy,

consistent with law.

(b) Authorization of Appropriations.—There are authorized to be

appropriated to the General Services Administration $15,000,000 for the

maintenance, improvement, and promotion of the integrated Internet-

based system for fiscal year 2003, and such sums as are necessary for

fiscal years 2004 through 2007.

E-Government Act of 2002

Sec. 207. Accessibility, Usability, and Preservation of Government

Information

(a) Purpose.—The purpose of this section is to improve the methods

by which Government information, including information on the

Internet, is organized, preserved, and made accessible to the public.

(b) Definitions.—In this section, the term—

(1) ‘Committee’ means the Interagency Committee on Government

Information established under subsection (c); and

(2) ‘directory’ means a taxonomy of subjects linked to

websites that—

(A) organizes Government information on the Internet according

to subject matter; and

(B) may be created with the participation of human editors.

(1) Establishment.—Not later than 180 days after the date of

enactment of this title [Dec. 17, 2002], the Director shall establish

the Interagency Committee on Government Information.

(2) Membership.—The Committee shall be chaired by the

Director or the designee of the Director and— (A) shall include

representatives from—

(i) the National Archives and Records Administration;

(ii) the offices of the Chief Information Officers from Federal

agencies; and

(iii) other relevant officers from the executive branch; and

(B) may include representatives from the Federal legislative and

judicial branches.

(3) Functions.—The Committee shall—

E-Government Act of 2002

(A) engage in public consultation to the maximum extent feasible,

including consultation with interested communities such as public

advocacy organizations;

(B) conduct studies and submit recommendations, as provided under this

section, to the Director and Congress; and

of Federal information.

(4) Termination.—The Committee may be terminated on a date

determined by the Director, except the Committee may not terminate before

the Committee submits all recommendations required under this section.

(d) Categorizing of Information.—

(1) Committee functions.—Not later than 2 years after the date of

enactment of this Act [Dec. 17, 2002], the Committee shall submit

recommendations to the Director on—

(A) the adoption of standards, which are open to the maximum

extent feasible, to enable the organization and categorization of

Government information—

(i) in a way that is searchable electronically, including by searchable

identifiers; and

(ii) in ways that are interoperable across agencies;

(B) the definition of categories of Government information

which should be classified under the standards; and

initial implementation of the standards by agencies.

(2) Functions of the director.—Not later than 1 year after the

submission of recommendations under paragraph (1), the Director

shall issue policies—

(A) requiring that agencies use standards, which are open to the

maximum extent feasible, to enable the organization and

categorization of Government information—

E-Government Act of 2002

(i) in a way that is searchable electronically, including by searchable

identifiers;

(ii) in ways that are interoperable across agencies; and

(iii) that are, as appropriate, consistent with the provisions under

section 3602 (f)(8) of title 44, United States Code;

(B) defining categories of Government information which shall be

required to be classified under the standards; and

implementation of the standards by agencies.

(3) Modification of policies.—After the submission of agency reports

under paragraph (4), the Director shall modify the policies, as needed, in

consultation with the Committee and interested parties.

(4) Agency functions.—Each agency shall report annually to the Director,

in the report established under section 202 (g), on compliance of that agency

with the policies issued under paragraph (2)(A).

(e) Public Access to Electronic Information.—

(1) Committee functions.—Not later than 2 years after the date of

enactment of this Act [Dec. 17, 2002], the Committee shall submit

recommendations to the Director and the Archivist of the United States on—

(A) the adoption by agencies of policies and procedures to ensure

that chapters 21, 25, 27, 29, and 31 of title

44, United States Code, are

applied effectively and comprehensively to Government information on

the Internet and to other electronic records; and

(B) the imposition of timetables for the implementation of the

policies and procedures by agencies.

(2) Functions of the archivist.—Not later than 1 year after the

submission of recommendations by the Committee under paragraph (1),

the Archivist of the United States shall issue policies—

(A) requiring the adoption by agencies of policies and procedures to

ensure that chapters 21, 25, 27, 29, and 31 of title

44, United States

E-Government Act of 2002

Code, are applied effectively and comprehensively to Government

information on the Internet and to other electronic records; and

(B) imposing timetables for the implementation of the policies,

procedures, and technologies by agencies.

(3) Modification of policies.—After the submission of agency

reports under paragraph (4), the Archivist of the United States shall

modify the policies, as needed, in consultation with the Committee and

interested parties.

(4) Agency functions.—Each agency shall report annually to the

Director, in the report established under section 202 (g), on compliance

of that agency with the policies issued under paragraph (2)(A).

(f) Agency Websites.—

(1) Standards for agency websites.—Not later than 2 years after the

effective date of this title [see Effective Date note set out under section

3601 of this title], the Director shall promulgate guidance for agency

websites that includes—

(A) requirements that websites include direct links to—

(i) descriptions of the mission and statutory authority of the agency;

(ii) information made available to the public under subsections (a)(1)

and (b) of section 552 of title 5, United States Code (commonly referred

to as the ‘Freedom of Information Act’);

(iii) information about the organizational structure of the agency; and

(iv) the strategic plan of the agency developed under section

306 of

title

5, United States Code; and

(B) minimum agency goals to assist public users to navigate agency

websites, including—

(i) speed of retrieval of search results;

(ii) the relevance of the results;

(iii) tools to aggregate and disaggregate data; and

E-Government Act of 2002

(iv) security protocols to protect information.

(2) Agency requirements.—

(A) Not later than 2 years after the date of enactment of this Act

[Dec. 17, 2002], each agency shall—

(i) consult with the Committee and solicit public comment;

(ii) establish a process for determining which Government information the

agency intends to make available and accessible to the public on the Internet

and by other means;

(iii) develop priorities and schedules for making Government information

available and accessible;

(iv) make such final determinations, priorities, and schedules available for

public comment;

(v) post such final determinations, priorities, and schedules on the

Internet; and

(vi) submit such final determinations, priorities, and schedules to the

Director, in the report established under section 202 (g).

(B) Each agency shall update determinations, priorities, and schedules of

the agency, as needed, after consulting with the Committee and soliciting

public comment, if appropriate.

(3) Public domain directory of public federal government websites.—

(A) Establishment.—Not later than 2 years after the effective date of

this title [see Effective Date note set out under section

3601 of this title],

the Director and each agency shall—

(i) develop and establish a public domain directory of public Federal

Government websites; and

(ii) post the directory on the Internet with a link to the integrated

Internet-based system established under section 204.

(B) Development.—With the assistance of each agency, the

Director shall—

E-Government Act of 2002

(i) direct the development of the directory through a collaborative

effort, including input from—

(I) agency librarians;

(II) information technology managers;

(III) program managers;

(IV) records managers;

(V) Federal depository librarians; and

(VI) other interested parties; and

(ii) develop a public domain taxonomy of subjects used to review

and categorize public Federal Government websites.

of the Office of Electronic Government shall—

(i) update the directory as necessary, but not less than every 6

months; and

(ii) solicit interested persons for improvements to the directory.

(g) Access to Federally Funded Research and Development.—

(1) Development and maintenance of governmentwide repository

and website.—

(A) Repository and website.—The Director of the Office of Management

and Budget (or the Director’s delegate), in consultation with the Director of

the Office of Science and Technology Policy and other relevant agencies, shall

ensure the development and maintenance of—

(i) a repository that fully integrates, to the maximum extent feasible,

information about research and development funded by the Federal

Government, and the repository shall—

(I) include information about research and development funded by

the Federal Government, consistent with any relevant protections for the

information under section

552 of title 5, United States Code, and

performed by— “(aa) institutions not a part of the Federal Government,

E-Government Act of 2002

including State, local, and foreign governments; industrial firms;

educational institutions; not-for-profit organizations; federally funded

research and development centers; and private individuals; and “(bb)

entities of the Federal Government, including research and development

laboratories, centers, and offices; and

(II) integrate information about each separate research and

development task or award, including—

(aa) the dates upon which the task or award is expected to start

and end;

(bb) a brief summary describing the objective and the scientific and

technical focus of the task or award;

(cc) the entity or institution performing the task or award and its

contact information;

(dd) the total amount of Federal funds expected to be provided to the task

or award over its lifetime and the amount of funds expected to be provided in

each fiscal year in which the work of the task or award is ongoing;

(ee) any restrictions attached to the task or award that would prevent

the sharing with the general public of any or all of the information

required by this subsection, and the reasons for such restrictions; and

(ff) such other information as may be determined to be

appropriate; and

(ii) 1 or more websites upon which all or part of the repository

of Federal research and development shall be made available to and

searchable by Federal agencies and non-Federal entities, including

the general public, to facilitate—

(I) the coordination of Federal research and development activities;

(II) collaboration among those conducting Federal research and

development;

(III) the transfer of technology among Federal agencies and

between Federal agencies and non-Federal entities; and (IV) access

E-Government Act of 2002

by policymakers and the public to information concerning Federal

research and development activities.

(B) Oversight.—The Director of the Office of Management and Budget

shall issue any guidance determined necessary to ensure that agencies provide

all information requested under this subsection.

(2) Agency functions.—Any agency that funds Federal research and

development under this subsection shall provide the information required to

populate the repository in the manner prescribed by the Director of the Office

of Management and Budget.

(3) Committee functions.—Not later than 18 months after the date of

enactment of this Act [Dec. 17, 2002], working with the Director of the

Office of Science and Technology Policy, and after consultation with

interested parties, the Committee shall submit recommendations to

the Director on—

(A) policies to improve agency reporting of information for the

repository established under this subsection; and

(B) policies to improve dissemination of the results of research performed

by Federal agencies and federally funded research and development centers.

(4) Functions of the director.—After submission of recommendations by

the Committee under paragraph (3), the Director shall report on the

recommendations of the Committee and Director to Congress, in the E-

Government report under section

3606 of title 44 (as added by this Act).

(5) Authorization of appropriations.—There are authorized to be

appropriated for the development, maintenance, and operation of the

Governmentwide repository and website under this subsection—

(A) $2,000,000 in each of the fiscal years 2003 through 2005; and

(B) such sums as are necessary in each of the fiscal years 2006 and 2007.

Sec. 208. Privacy Provisions

(a) Purpose.—The purpose of this section is to ensure sufficient

protections for the privacy of personal information as agencies

implement citizen-centered electronic Government.

E-Government Act of 2002

(b) Privacy Impact Assessments.—

(1) Responsibilities of agencies.—

(A) In general.—An agency shall take actions described under

subparagraph (B) before—

(i) developing or procuring information technology that collects,

maintains, or disseminates information that is in an identifiable form; or

(ii) initiating a new collection of information that—

(I) will be collected, maintained, or disseminated using information

technology; and

(II) includes any information in an identifiable form permitting the

physical or online contacting of a specific individual, if identical

questions have been posed to, or identical reporting requirements imposed

on, 10 or more persons, other than agencies, instrumentalities, or employees of

the Federal Government.

(B) Agency activities.—To the extent required under subparagraph (A),

each agency shall—

(i) conduct a privacy impact assessment;

(ii) ensure the review of the privacy impact assessment by the Chief

Information Officer, or equivalent official, as determined by the head of the

agency; and

(iii) if practicable, after completion of the review under clause (ii), make

the privacy impact assessment publicly available through the website of the

agency, publication in the Federal Register, or other means.

or waived for security reasons, or to protect classified, sensitive, or

private information contained in an assessment.

(D) Copy to director.—Agencies shall provide the Director with a

copy of the privacy impact assessment for each system for which funding

is requested.

(2) Contents of a privacy impact assessment.—

E-Government Act of 2002

(A) In general.—The Director shall issue guidance to agencies

specifying the required contents of a privacy impact assessment.

(B) Guidance.—The guidance shall—

(i) ensure that a privacy impact assessment is commensurate with the

size of the information system being assessed, the sensitivity of

information that is in an identifiable form in that system, and the risk of

harm from unauthorized release of that information; and

(ii) require that a privacy impact assessment address—

(I) what information is to be collected;

(II) why the information is being collected;

(III) the intended use of the agency of the information;

(IV) with whom the information will be shared;

(V) what notice or opportunities for consent would be provided to

individuals regarding what information is collected and how that

information is shared;

(VI) how the information will be secured; and

(VII) whether a system of records is being created under section

552a of title 5, United States Code, (commonly referred to as the

‘Privacy Act’).

(3) Responsibilities of the director.—The Director shall—

(A) develop policies and guidelines for agencies on the conduct of

privacy impact assessments;

(B) oversee the implementation of the privacy impact assessment

process throughout the Government; and

existing information systems or ongoing collections of information that

is in an identifiable form as the Director determines appropriate.

(1) Privacy policies on websites.—

E-Government Act of 2002

(A) Guidelines for notices.—The Director shall develop guidance for

privacy notices on agency websites used by the public.

(B) Contents.—The guidance shall require that a privacy notice

address, consistent with section 552a of title 5, United States Code—

(i) what information is to be collected;

(ii) why the information is being collected;

(iii) the intended use of the agency of the information;

(iv) with whom the information will be shared;

(v) what notice or opportunities for consent would be provided to

individuals regarding what information is collected and how

that

information is shared;

(vi) how the information will be secured; and

(vii) the rights of the individual under section

552a of title 5, United

States Code (commonly referred to as the ‘Privacy Act’), and other laws

relevant to the protection of the privacy of an individual.

(2) Privacy policies in machine-readable formats.—The Director

shall issue guidance requiring agencies to translate privacy policies into a

standardized machine-readable format.

(d) Definition.—In this section, the term ‘identifiable form’ means

any representation of information that permits the identity of an

individual to whom the information applies to be reasonably inferred by

either direct or indirect means

Sec. 209. Federal Information Technology Workforce Development

(a) Purpose.—The purpose of this section is to improve the skills of

the Federal workforce in using information technology to deliver

Government information and services.

(b) Workforce Development.—

(1) In general.—In consultation with the Director of the Office of

Management and Budget, the Chief Information Officers Council, and

E-Government Act of 2002

the Administrator of General Services, the Director of the Office of

Personnel Management shall—

(A) analyze, on an ongoing basis, the personnel needs of the

Federal Government related to information technology and

information resource management;

(B) identify where current information technology and information

resource management training do not satisfy the personnel needs

described in subparagraph (A);

training priorities that correspond to the projected personnel needs of the

Federal Government related to information technology and information

resource management; and

(D) assess the training of Federal employees in information

technology disciplines in order to ensure that the information resource

management needs of the Federal Government are addressed.

(2) Information technology training programs.—The head of each

Executive agency, after consultation with the Director of the Office of

Personnel Management, the Chief Information Officers Council, and the

Administrator of General Services, shall establish and operate

information technology training programs consistent with the

requirements of this subsection. Such programs shall—

(A) have curricula covering a broad range of information technology

disciplines corresponding to the specific information technology and

information resource management needs of the agency involved;

(B) be developed and applied according to rigorous standards; and

paced courses, online courses, on-the-job training, and the use of remote

instructors, wherever such features can be applied without reducing the

effectiveness of the training or negatively impacting academic standards.

(3) Governmentwide policies and evaluation.—The Director of the

Office of Personnel Management, in coordination with the Director of the

Office of Management and Budget, shall issue policies to promote the

E-Government Act of 2002

development of performance standards for training and uniform

implementation of this subsection by Executive agencies, with due regard for

differences in program requirements among agencies that may be appropriate

and warranted in view of the agency mission. The Director of the Office of

Personnel Management shall evaluate the implementation of the provisions of

this subsection by Executive agencies.

(4) Chief information officer authorities and responsibilities.—

Subject to the authority, direction, and control of the head of an

Executive agency, the chief information officer of such agency shall

carry out all powers, functions, and duties of the head of the agency with

respect to implementation of this subsection. The chief information

officer shall ensure that the policies of the agency head established in

accordance with this subsection are implemented throughout the agency.

(5) Information technology training reporting.—The Director of the

Office of Management and Budget shall ensure that the heads of

Executive agencies collect and maintain standardized information on the

information technology and information resources management

workforce related to the implementation of this subsection.

(6) Authority to detail employees to non-Federal employers.—In

carrying out the preceding provisions of this subsection, the Director of

the Office of Personnel Management may provide for a program under

which a Federal employee may be detailed to a non-Federal employer.

The Director of the Office of Personnel Management shall prescribe

regulations for such program, including the conditions for service and

duties as the Director considers necessary.

(7) Coordination provision.—An assignment described in section

3703 of title 5, United States Code, may not be made unless a program

under paragraph (6) is established, and the assignment is made in

accordance with the requirements of such program.

(8) Employee participation.—Subject to information resource

management needs and the limitations imposed by resource needs in

other occupational areas, and consistent with their overall workforce

development strategies, agencies shall encourage employees to

participate in occupational information technology training.

E-Government Act of 2002

(9) Authorization of Appropriations.—There are authorized to be

appropriated to the Office of Personnel Management for the

implementation of this subsection, $15,000,000 in fiscal year 2003, and

such sums as are necessary for each fiscal year thereafter.

(10) Executive agency defined.—For purposes of this subsection, the

term ‘Executive agency’ has the meaning given the term ‘agency’ under

section 3701 of title 5, United States Code (as added by subsection (c)).

(1) In general.—[Enacted chapter

37 of Title 5, Government

Organization and Employees.]

(2) Report.—Not later than 4 years after the date of the enactment of

this Act [Dec. 17, 2002], the General Accounting Office shall prepare

and submit to the Committee on Government Reform of the House of

Representatives and the Committee on Governmental Affairs of the

Senate a report on the operation of chapter

37 of title 5, United States

Code (as added by this subsection). Such report shall include—

(A) an evaluation of the effectiveness of the program established by

such chapter; and

(B) a recommendation as to whether such program should be

continued (with or without modification) or allowed to lapse.

(3) Clerical Amendment.—[Amended analysis for part

III of Title 5.]

(d) Ethics Provisions.—

(1) One-year restriction on certain communications.—[Amended

section

207 of Title 18, Crimes and Criminal Procedure.]

(2) Disclosure of confidential information.—[Amended section

1905

of Title 18.]

(3) Contract advice.—[Amended section

207 of Title 18.]

(4) Restriction on disclosure of procurement information. [Amended

section

423 of Title 41, Public Contracts.]

(e) Report on Existing Exchange Programs.—

E-Government Act of 2002

(1) Exchange program defined.—For purposes of this subsection, the

term ‘exchange program’ means an executive exchange program, the

program under subchapter

VI of chapter 33 of title 5, United States Code,

and any other program which allows for—

(A) the assignment of employees of the Federal Government to non-

Federal employers;

(B) the assignment of employees of non-Federal employers to the

Federal Government; or

(2) Reporting requirement.—Not later than 1 year after the date

of the enactment of this Act [Dec. 17, 2002], the Office of Personnel

Management shall prepare and submit to the Committee on

Government Reform of the House of Representatives and the

Committee on Governmental Affairs of the Senate a report

identifying all existing exchange programs.

(3) Specific information.—The report shall, for each such

program, include—

(A) a brief description of the program, including its size, eligibility

requirements, and terms or conditions for participation;

(B) specific citation to the law or other authority under which the

program is established;

they may be reached; and

(D) any other information which the Office considers appropriate.

(f) Report on the Establishment of a Governmentwide Information

Technology Training Program.—

(1) In general.—Not later January 1, 2003, the Office of Personnel

Management, in consultation with the Chief Information Officers

Council and the Administrator of General Services, shall review and

submit to the Committee on Government Reform of the House of

E-Government Act of 2002

Representatives and the Committee on Governmental Affairs of the

Senate a written report on the following:

(A) The adequacy of any existing information technology training

programs available to Federal employees on a Governmentwide basis.

(B)(i) If one or more such programs already exist, recommendations

as to how they might be improved.

(ii) If no such program yet exists, recommendations as to how such a

program might be designed and established.

the program under chapter

37 of title 5, United States Code, might be used to

help carry them out.

(2) Cost estimate.—The report shall, for any recommended program (or

improvements) under paragraph (1)(B), include the estimated costs associated

with the implementation and operation of such program as so established (or

estimated difference in costs of any such program as so improved).

(g) Technical and Conforming Amendments.—

(1) Amendments to title 5, united states code.—[Amended sections

3111, 4108, and 7353 of Title 5.]

(2) Amendment to title 18, united states code.—[Amended section

209 of Title 18.]

(3) Other amendments.—[Amended section 125(c)(1) of

Pub. L.

100–238, set out as a note under section 8432 of Title 5.]

Sec. 210. Share-In-Savings Initiatives

(a) Defense Contracts.—[Enacted section

2332 of Title 10,

Armed Forces.]

(b) Other Contracts.—[Enacted section

266a of Title 41.]

Management and Budget shall, in consultation with the Committee on

Governmental Affairs of the Senate, the Committee on Government

Reform of the House of Representatives, and executive agencies,

E-Government Act of 2002

develop techniques to permit an executive agency to retain 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 [Dec. 17, 2002], the Federal Acquisition

Regulation shall be revised to implement the provisions enacted by this

section. Such revisions shall—

(1) provide for the use of competitive procedures in the selection and

award of share-in-savings contracts to—

(A) ensure the contractor’s share of savings reflects the risk involved

and market conditions; and

(B) otherwise yield greatest value to the government; and

(2) allow appropriate regulatory flexibility to facilitate the use of

share-in-savings contracts by executive agencies, including the use of

innovative provisions for technology refreshment and nonstandard

Federal Acquisition Regulation contract clauses.

(e) Additional Guidance.—The Administrator of General Services shall—

(1) identify potential opportunities for the use of share-in-savings

contracts; and

(2) in consultation with the Director of the Office of Management

and Budget, provide guidance to executive agencies for determining

mutually beneficial savings share ratios and baselines from which

savings may be measured.

(f) OMB Report to Congress.—In consultation with executive agencies,

the Director of the Office of Management and Budget shall, not later than 2

years after the date of the enactment of this Act [Dec. 17, 2002], 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 [sic] this section and the

amendments made by this section, and, for each contract identified—

E-Government Act of 2002

(A) the information technology acquired;

(B) the total amount of payments made to the contractor; and

(2) a description of the ability of agencies to determine the baseline costs

of a project against which savings can be measured; and

(3) any recommendations, as the Director deems appropriate, regarding

additional changes in law that may be necessary to ensure effective use of

share-in-savings contracts by executive agencies.

(g) GAO Report to Congress.—The Comptroller General shall, not later

than 6 months after the report required under subsection

(f) is submitted to Congress, conduct a review of that report and

submit to Congress a report containing—

(1) the results of the review;

(2) an independent assessment by the Comptroller General of the

effectiveness of the use of share-in-savings contracts in improving the

mission-related and administrative processes of the executive agencies

and the achievement of agency missions; and

(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.—[Repealed section

11521 of Title 40, Public Buildings,

Property, and Works.]

(2) Conforming amendments to pilot program authority.—[Amended

sections 11501 to 11505 of Title 40.]

(3) Additional conforming amendments.—[Redesignated 11522 of

Title 40 as 11521 and amended headings and analysis.]

(i) Definitions.—In this section, the terms ‘contractor’, ‘savings’,

and ‘share-in-savings contract’ have the meanings given those terms in

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section 317 of the Federal Property

and Administrative Services Act

of 1949 [41 U.S.C. 266a] (as added by subsection (b)).

Sec. 212. Integrated Reporting Study and Pilot Projects

(a) Purposes.—The purposes of this section are to—

(1) enhance the interoperability of Federal information systems;

(2) assist the public, including the regulated community, in electronically

submitting information to agencies under Federal requirements, by reducing

the burden of duplicate collection and ensuring the accuracy of submitted

information; and

(3) enable any person to integrate and obtain similar information held by 1

or more agencies under 1 or more Federal requirements without violating the

privacy rights of an individual.

(b) Definitions.—In this section

, the term—

(1) ‘agency’ means an Executive agency as defined under section

105 of title 5, United States Code; and

(2) ‘person’ means any individual, trust, firm, joint stock company,

corporation (including a government corporation), partnership, association,

State, municipality, commission, political subdivision of a State, interstate

body, or agency or component of the Federal Government.

(1) In general.—Not later than 3 years after the date of enactment of

this Act [Dec. 17, 2002], the Director shall oversee a study, in

consultation with agencies, the regulated community, public interest

organizations, and the public, and submit a report to the Committee on

Governmental Affairs of the Senate and the Committee on Government

Reform of the House of Representatives on progress toward integrating

Federal information systems across agencies.

(2) Contents.—The report under this section shall—

(A) address the integration of data elements used in the electronic

collection of information within databases established under Federal

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statute without reducing the quality, accessibility, scope, or utility of the

information contained in each database;

(B) address the feasibility of developing, or enabling the

development of, software, including Internet-based tools, for use

by reporting persons in assembling, documenting, and validating

the accuracy of information electronically submitted to agencies

under nonvoluntary, statutory, and regulatory requirements;

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;

(D) address the feasibility of incorporating other elements

related to the purposes of this section at the discretion of the

Director; and

(E) make any recommendations that the Director deems

appropriate on the use of integrated reporting and information

systems, to reduce the burden on reporting and strengthen public

access to databases within and across agencies.

(d) Pilot Projects To Encourage Integrated Collection and Management of

Data and Interoperability of Federal Information Systems.—

(1) In general.—In order to provide input to the study under subsection

(c), the Director shall designate, in consultation with agencies, a series of no

more than 5 pilot projects that integrate data elements. The Director shall

consult with agencies, the regulated community, public interest organizations,

and the public on the implementation of the pilot projects.

(2) Goals of pilot projects.—

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(A) In general.—Each goal described under subparagraph (B) shall

be addressed by at least 1 pilot project each.

(B) Goals.—The goals under this paragraph are to—

(i) reduce information collection burdens by eliminating duplicative

data elements within 2 or more reporting requirements;

(ii) create interoperability between or among public databases

managed by 2 or more agencies using technologies and techniques that

facilitate public access; and

(iii) develop, or enable the development of, software to reduce

errors in electronically submitted information.

(3) Input.—Each pilot project shall seek input from users on the

utility of the pilot project and areas for improvement. To the extent

practicable, the Director shall consult with relevant agencies and State,

tribal, and local governments in carrying out the report and pilot projects

under this section.

(e) Protections.—The activities authorized under this section

shall afford protections for—

(1) confidential business information consistent with section

552

(b)(4) of title 5, United States Code, and other relevant law;

(2) personal privacy information under sections

552 (b)(6) and (7)(C)

and

552a of title 5, United States Code, and other relevant law;

(3) other information consistent with section

552 (b)(3) of title 5,

United States Code, and other relevant law; and

(4) confidential statistical information collected under a

confidentiality pledge, solely for statistical purposes, consistent with the

Office of Management and Budget’s Federal Statistical Confidentiality

Order, and other relevant law.

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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 [Dec. 17, 2002], the

Administrator, in consultation with the Federal Emergency Management

Agency, shall ensure that a study is conducted on using information

technology to enhance crisis preparedness, response, and

consequence management of natural and manmade disasters.

(2) Contents.—The study under this subsection shall address—

(A) a research and implementation strategy for effective use of

information technology in crisis response and consequence

management, including the more effective use of technologies,

management of information technology research initiatives, and

incorporation of research advances into the information and

communications systems of—

(i) the Federal Emergency Management Agency; and

(ii) other Federal, State, and local agencies responsible for crisis

preparedness, response, and consequence management; and

(B) opportunities for research and development on enhanced

technologies into areas of potential improvement as determined during

the course of the study.

(3) Report.—Not later than 2 years after the date on which a contract is

entered into under paragraph (1), the Administrator shall submit a report on

the study, including findings and recommendations to—

(A) the Committee on Governmental Affairs of the Senate; and

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(B) the Committee on Government Reform of the House of

Representatives.

(4) Interagency cooperation.—Other Federal departments and

agencies with responsibility for disaster relief and emergency assistance

shall fully cooperate with the Administrator in carrying out this section.

(5) Authorization of appropriations.—There are authorized to be

appropriated for research under this subsection, such sums as are

necessary for fiscal year 2003.

conducted under subsection (b), the Administrator, in consultation

with the Federal Emergency Management Agency, shall initiate pilot

projects or report to Congress on other activities that further the goal

of maximizing the utility of information technology in disaster

management. The Administrator shall cooperate with other relevant

agencies, and, if appropriate, State, local, and tribal governments, in

initiating such pilot projects.

Sec. 216. Common Protocols for Geographic Information Systems

(a) Purposes.—The purposes of this section are to—

(1) reduce redundant data collection and information; and

(2) promote collaboration and use of standards for government

geographic information

(b) Definition.—In this section, the term ‘geographic information’

means information systems that involve locational data, such as maps or

other geospatial information resources.

(1) Common protocols.—The Administrator, in consultation with the

Secretary of the Interior, working with the Director and through an

interagency group, and working with private sector experts, State, local,

and tribal governments, commercial and international standards groups,

and other interested parties, shall facilitate the development of common

protocols for the development, acquisition, maintenance, distribution,

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and application of geographic information. If practicable, the

Administrator shall incorporate intergovernmental and public private

geographic information partnerships into efforts under this subsection.

(2) Interagency group.—The interagency group referred to under

paragraph (1) shall include representatives of the National Institute of

Standards and Technology and other agencies.

(d) Director.—The Director shall oversee—

(1) the interagency initiative to develop common protocols;

(2) the coordination with State, local, and tribal governments, public

private partnerships, and other interested persons on effective and efficient

ways to align geographic information and develop common protocols; and

(3) the adoption of common standards relating to the protocols.

(e) Common Protocols.—The common protocols shall be designed to—

(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 44 – CHAPTER 35 – SUBCHAPTER I – FEDERAL

INFORMATION POLICY

Sec. 3505. Assignment of tasks and deadlines

(a) In carrying out the functions under this subchapter, the

Director shall—

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(1) in consultation with agency heads, set an annual

Governmentwide goal for the reduction of information collection

burdens by at least 10 percent during each of fiscal years 1996 and 1997

and 5 percent during each of fiscal years 1998, 1999, 2000, and 2001,

and set annual agency goals to—

(A) reduce information collection burdens imposed on the public that—

(i) represent the maximum practicable opportunity in each

agency; and

(ii) are consistent with improving agency management of the process

for the review of collections of information established under section

3506 (c); and

(B) improve information resources management in ways that

increase the productivity, efficiency and effectiveness of Federal

programs, including service delivery to the public;

(2)

with selected agencies and non-Federal entities on a voluntary

basis, conduct pilot projects to test alternative policies, practices,

regulations, and procedures to fulfill the purposes of this subchapter,

particularly with regard to minimizing the Federal information collection

burden; and

(3) in consultation with the Administrator of General Services, the

Director of the National Institute of Standards and Technology, the Archivist

of the United States, and the Director of the Office of Personnel Management,

develop and maintain a Governmentwide strategic plan for information

resources management, that shall include—

(A) a description of the objectives and the means by which the

Federal Government shall apply information resources to improve

agency and program performance;

(B) plans for—

(i) reducing information burdens on the public, including reducing

such burdens through the elimination of duplication and meeting shared

data needs with shared resources;

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(ii) enhancing public access to and dissemination of, information,

using electronic and other formats; and

(iii) meeting the information technology needs of the Federal

Government in accordance with the purposes of this subchapter; and

management to improve agency performance and the

accomplishment of missions.

(b) For purposes of any pilot project conducted under subsection

(a)(2), the Director may, after consultation with the agency head, waive

the application of any administrative directive issued by an agency with

which the project is conducted, including any directive requiring a

collection of information, after giving timely notice to the public and the

Congress regarding the need for such waiver.

agency shall develop and maintain an inventory of major information

systems (including major national security systems) operated by or under

the control of such agency.

(2) The identification of information systems in an inventory under

this subsection shall include an identification of the interfaces between

each such system and all other systems or networks, including those not

operated by or under the control of the agency.

(3) Such inventory shall be—

(A) updated at least annually;

(B) made available to the Comptroller General; and

(i) preparation and maintenance of the inventory of information

resources under section

3506 (b)(4);

(ii) information technology planning, budgeting, acquisition, and

management under section

3506 (h), subtitle III of title 40, and related

laws and guidance;

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(iii) monitoring, testing, and evaluation of information security

controls under subchapter II; (iv) preparation of the index of major

information systems required under section

552 (g) of title 5, United

States Code; and

(v) preparation of information system inventories required for

records management under chapters 21, 29, 31, and 33.

(4) The Director shall issue guidance for and oversee the

implementation of the requirements of this subsection.

TITLE 5 – PART III – Subpart B – CHAPTER 37 –

INFORMATION TECHNOLOGY EXCHANGE PROGRAM

Sec. 3701. Definitions

Sec. 3702. General provisions

Sec. 3703. Assignment of employees to private sector organizations

Sec. 3704. Assignment of employees from private sector organizations

Sec. 3705. Application to Office of the Chief Technology Officer of the

District of Columbia

Sec. 3706. Reporting requirement

Sec. 3707. Regulations

Sec. 3701. Definitions

For purposes of this chapter—

(1) the term “agency” means an Executive agency, but does not

include the General Accounting Office; and

(2) the term “detail” means—

(A) the assignment or loan of an employee of an agency to a private

sector organization without a change of position from the agency that

employs the individual, or

(B) the assignment or loan of an employee of a private sector

organization to an agency without a change of position from the private

sector organization that employs the individual, whichever is appropriate

in the context in which such term is used.

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Sec. 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 appointment of equivalent tenure in the excepted

service, and applicable requirements of section 209(b) of the E-

Government Act of 2002 are met with respect to the proposed

assignment of such employee.

(b) Agreements.— Each agency that exercises its authority under this

chapter shall provide for a written agreement between the agency and the

employee concerned regarding the terms and conditions of the

employee’s assignment. In the case of an employee of the agency, the

agreement shall—

(1) require the employee to serve in the civil service, upon

completion of the assignment, for a period equal to the length of the

assignment; and

(2) provide that, in the event the employee fails to carry out the

agreement (except for good and sufficient reason, as determined by the

head of the agency from which assigned) the employee shall be liable to

the United States for payment of all expenses of the assignment.

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An amount under paragraph (2) shall be treated as a debt due the

United States.

private sector organization concerned for any reason at any time.

(d) Duration.— Assignments under this chapter shall be for a period

of between 3 months and 1 year, and may be extended in 3-month

increments for a total of not more than 1 additional year, except that no

assignment under this chapter may commence after the end of the 5-year

period beginning on the date of the enactment of this chapter.

(e) Assistance.— The Chief Information Officers Council, by

agreement with the Office of Personnel Management, may assist in the

administration of this chapter, including by maintaining lists of potential

candidates for assignment under this chapter, establishing mentoring

relationships for the benefit of individuals who are given assignments

under this chapter, and publicizing the program.

(f) Considerations.— In exercising any authority under this chapter,

an agency shall take into consideration—

(1) the need to ensure that small business concerns are appropriately

represented with respect to the assignments described in sections

3703

and 3704, respectively; and

(2) how assignments described in section

3703 might best be used to

help meet the needs of the agency for the training of employees in

information technology management.

Sec. 3703. Assignment of employees to private sector organizations

(a) In General.— An employee of an agency assigned to a private

sector organization under this chapter is deemed, during the period of the

assignment, to be on detail to a regular work assignment in his agency.

(b) Coordination With Chapter 81.— Notwithstanding any other

provision of law, an employee of an agency assigned to a private sector

organization under this chapter is entitled to retain coverage, rights, and

benefits under subchapter I of chapter 81, and employment during the

assignment is deemed employment by the United States, except that, if

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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.

sector organization under this chapter may be made with or without

reimbursement by the private sector organization for the travel and

transportation expenses to or from the place of assignment, subject to the

same terms and conditions as apply with respect to an employee of a

Federal agency or a State or local government under section

3375, and

for the pay, or a part thereof, of the employee during assignment. Any

reimbursements shall be credited to the appropriation of the agency used

for paying the travel and transportation expenses or pay.

(d) Tort Liability; Supervision.— The Federal Tort Claims Act and

any other Federal tort liability statute apply to an employee of an agency

assigned to a private sector organization under this chapter. The

supervision of the duties of an employee of an agency so assigned to a

private sector organization may be governed by an agreement between

the agency and the organization.

(e) Small Business Concerns.—

(1) In general.— The head of each agency shall take such actions as

may be necessary to ensure that, of the assignments made under this

chapter from such agency to private sector organizations in each year, at

least 20 percent are to small business concerns.

(2) Definitions.— For purposes of this subsection—

(A) the term “small business concern” means a business concern that

satisfies the definitions and standards specified by the Administrator of

the Small Business Administration under section 3(a)(2) of the Small

Business Act (as from time to time amended by the Administrator);

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(B) the term “year” refers to the 12-month period beginning on the

date of the enactment of this chapter, and each succeeding 12-month

period in which any assignments under this chapter may be made; and

(3) Reporting requirement.— An agency which fails to comply

with paragraph (1) in a year shall, within 90 days after the end of

such year, submit a report to the Committees on Government

Reform and Small Business of the House of Representatives and the

Committees on Governmental Affairs and Small Business of the

Senate. The report shall include—

(A) the total number of assignments made under this chapter from

such agency to private sector organizations in the year;

(B) of that total number, the number (and percentage) made to small

business concerns; and

(4) Exclusion.— This subsection shall not apply to an agency in any

year in which it makes fewer than 5 assignments under this chapter to

private sector organizations.

3704. Assignment of employees from private sector organizations

(a) In General.— An employee of a private sector organization

assigned to an agency under this chapter is deemed, during the period of

the assignment, to be on detail to such agency.

(b) Terms and Conditions.— An employee of a private sector

organization assigned to an agency under this chapter—

(1) may continue to receive pay and benefits from the private sector

organization from which he is assigned;

(2) is deemed, notwithstanding subsection (a), to be an employee of

the agency for the purposes of—

(A) chapter 73;

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(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643,

654, 1905, and 1913 of title 18;

(D) the Federal Tort Claims Act and any other Federal tort

liability statute;

(E) the Ethics in Government Act of 1978;

(F) section 1043 of the Internal Revenue Code of 1986; and

(G) section 27 of the Office of Federal Procurement Policy Act;

(3) may not have access to any trade secrets or to any other

nonpublic information which is of commercial value to the private sector

organization from which he is assigned; and

(4) is subject to such regulations as the President may prescribe. The

supervision of an employee of a private sector organization assigned to

an agency under this chapter may be governed by agreement between the

agency and the private sector organization concerned. Such an

assignment may be made with or without reimbursement by the agency

for the pay, or a part thereof, of the employee during the period of

assignment, or for any contribution of the private sector organization to

employee benefit systems.

sector organization assigned to an agency under this chapter who suffers

disability or dies as a result of personal injury sustained while

performing duties during the assignment shall be treated, for the purpose

of subchapter I of chapter 81, as an employee as defined by section

8101

who had sustained the injury in the performance of duty, except that, if

the employee or the employee’s dependents receive from the private

sector organization any payment under an insurance policy for which the

premium is wholly paid by the private sector organization, or other

benefit of any kind on account of the same injury or death, then, the

amount of such payment or benefit shall be credited against any

compensation otherwise payable under subchapter I of chapter 81.

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(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 regulation of the District of Columbia,

including the applicable provisions of the District of Columbia

Government Comprehensive Merit Personnel Act of 1978 (sec. 1–601.01

et seq., D.C. Official Code) and section 601 of the District of Columbia

Campaign Finance Reform and Conflict of Interest Act (sec. 1–1106.01,

D.C. Official Code).

Chief Technology Officer” means the office established in the executive

branch of the government of the District of Columbia under the Office of

the Chief Technology Officer Establishment Act of 1998 (sec. 1–1401 et

seq., D.C. Official Code).

3706. Reporting requirement

(a) In General.— The Office of Personnel Management shall,

not later than April 30 and October 31 of each year, prepare and

submit to the Committee on Government Reform of the House of

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Representatives and the Committee on Governmental Affairs of the

Senate a semiannual report summarizing the operation of this

chapter during the immediately preceding 6-month period ending on

March 31 and September 30, respectively.

(b) Content.— Each report shall include, with respect to the 6-month

period to which such report relates—

(1) the total number of individuals assigned to, and the total number

of individuals assigned from, each agency during such period;

(2) a brief description of each assignment included under paragraph

(1), including—

(A) the name of the assigned individual, as well as the private sector

organization and the agency (including the specific bureau or other

agency component) to or from which such individual was assigned;

(B) the respective positions to and from which the individual was

assigned, including the duties and responsibilities and the pay grade or

level associated with each; and

(3) such other information as the Office considers appropriate.

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.

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TITLE 10 – SUBTITLE A – PART IV – CHAPTER 137 –

PROCUREMENT GENERALLY

Sec. 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 Government awards a contract to improve mission-related or

administrative processes or to accelerate the achievement of its mission and

share with the contractor in savings achieved through contract performance.

(2) (A) Except as provided in subparagraph (B), a share-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,

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the senior procurement executive of the agency shall determine in

writing that the terms of the provision are quantifiable and will

likely yield value to the Government.

(5) (A) The head of the agency may retain savings realized through

the use of a share-in-savings contract under this section that are in excess

of the total amount of savings paid to the contractor under the contract,

but may not retain any portion of such savings that is attributable to a

decrease in the number of civilian employees of the Federal Government

performing the function. Except as provided in subparagraph (B),

savings shall be credited to the appropriation or fund against which

charges were made to carry out the contract and shall be used for

information technology.

(B) Amounts retained by the agency under this subsection shall—

(i) without further appropriation, remain available until expended; and

(ii) be applied first to fund any contingent liabilities associated with

share-in-savings procurements that are not fully funded.

(b) Cancellation and Termination.—

(1) If funds are not made available for the continuation of a share-in-

savings contract entered into under this section in a subsequent fiscal

year, the contract shall be canceled or terminated. The costs of

cancellation or termination may be paid out of—

(A) appropriations available for the performance of the contract;

(B) appropriations available for acquisition of the information

technology procured under the contract, and not otherwise obligated; or

cancellation or termination, subject to the limitations in paragraph (3).

(2) The amount payable in the event of cancellation or termination of

a share-in-savings contract shall be negotiated with the contractor at the

time the contract is entered into.

(3) (A) Subject to subparagraph (B), the head of an agency may enter

into share-in-savings contracts under this section in any given fiscal year

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even if funds are not made specifically available for the full costs of

cancellation or termination of the contract if funds are available and

sufficient to make payments with respect to the first fiscal year of the

contract and the following conditions are met regarding the funding of

cancellation and termination liability:

(i) The amount of unfunded contingent liability for the contract does

not exceed the lesser of—

(I) 25 percent of the estimated costs of a cancellation or termination; or

(II) $5,000,000.

(ii) Unfunded contingent liability in excess of $1,000,000 has been

approved by the Director of the Office of Management and Budget or the

Director’s designee.

(B) The aggregate number of share-in-savings contracts that may be

entered into under subparagraph (A) by all agencies to which this chapter

applies in a fiscal year may not exceed 5 in each of fiscal years 2003,

2004, and 2005.

(1) The term “contractor” means a private entity that enters into a

contract with an agency.

(2) The term “savings” means—

(A) monetary savings to an agency; or

(B) savings in time or other benefits realized by the agency, including

enhanced revenues (other than enhanced revenues from the collection of fees,

taxes, debts, claims, or other amounts owed the Federal Government).

(3) The term “share-in-savings contract” means a contract under which—

(A) a contractor provides solutions for—

(i) improving the agency’s mission-related or administrative

processes; or

(ii) accelerating the achievement of agency missions; and

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(B) the head of the agency pays the contractor an amount equal to a

portion of the savings derived by the agency from—

(i) any improvements in mission-related or administrative processes

that result from implementation of the solution; or

(ii) acceleration of achievement of agency missions.

(d) Termination.— No share-in-savings contracts may be entered

into under this section after September 30, 2005.

TITLE 41 – CHAPTER 4 – SUBCHAPTER IV – PROCUREMENT

PROVISIONS

Sec. 266a. 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 technology (as defined in section

11101

(6) of title 40) in which the Government awards a contract to improve

mission-related or administrative processes or to accelerate the

achievement of its mission and share with the contractor in savings

achieved through contract performance.

(2) (A) Except as provided in subparagraph (B), a share-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.

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(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.