44 USC 3501 Note: Confidential Respondent data to BLS Survey
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
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TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I--FEDERAL INFORMATION POLICY
Sec. 3501. Purposes
The purposes of this subchapter are to--
(1) minimize the paperwork burden for individuals, small
businesses, educational and nonprofit institutions, Federal
contractors, State, local 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 decisionmaking, 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 section 11332 of
title 40 \1\ ; and
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\1\ See References in Text note below.
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(C) access to information, including section 552 of title 5;
(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
(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 subchapter.
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163; amended Pub.
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114
Stat. 1654, 1654A-275; Pub. L. 107-217, Sec. 3(l)(3), Aug. 21, 2002, 116
Stat. 1301.)
References in Text
Section 11332 of title 40, referred to in par. (8)(B), was repealed
by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25, 2002, 116 Stat.
2272, and Pub. L. 107-347, title III, Sec. 305(a), Dec. 17, 2002, 116
Stat. 2960.
Prior Provisions
A prior section 3501, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2812; amended Pub. L. 99-500, Sec. 101(m) [title VIII,
Sec. 811], Oct. 18, 1986, 100 Stat. 1783-308, 1783-335, and Pub. L. 99-
591, Sec. 101(m) [title VIII, Sec. 811], Oct. 30, 1986, 100 Stat. 3341-
308, 3341-335, related to purposes of this chapter prior to the general
amendment of this chapter by Pub. L. 104-13.
Another prior section 3501, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.
1302, related to information for Federal agencies, prior to the general
amendment of this chapter by Pub. L. 96-511.
Amendments
2002--Par. (8)(B). Pub. L. 107-217 substituted ``section 11332 of
title 40'' for ``the Computer Security Act of 1987 (Public Law 100-
235)''.
2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter'' in
introductory provisions and in par. (11).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000,
see section 1 [[div. A], title X, Sec. 1065] of
Pub. L. 106-398, set out as an Effective Date note under section 3531 of
this title.
Effective Date
Section 4 of Pub. L. 104-13 provided that:
``(a) In General.--Except as otherwise provided in this section,
this Act [enacting this chapter, amending section 91 of Title 13,
Census, and enacting provisions set out as a note under section 101 of
this title] and the amendments made by this Act shall take effect on
October 1, 1995.
``(b) Authorization of Appropriations.--Section 3520 [now 3521] of
title 44, United States Code, as amended by this Act, shall take effect
on the date of enactment of this Act [May 22, 1995].
``(c) Delayed Application.--In the case of a collection of
information for which there is in effect on September 30, 1995, a
control number issued by the Office of Management and Budget under
chapter 35 of title 44, United States Code--
``(1) the amendments made by this Act [enacting this chapter and
amending section 91 of Title 13] shall apply to the collection of
information beginning on the earlier of--
``(A) the first renewal or modification of that collection
of information after September 30, 1995; or
``(B) the expiration of its control number after September
30, 1995.
``(2) prior to such renewal, modification, or expiration, the
collection of information shall be subject to chapter 35 of title
44, United States Code, as in effect on September 30, 1995.''
Short Title
This chapter is popularly known as the ``Paperwork Reduction Act''.
Federal Management and Promotion of Electronic Government Services
Pub. L. 107-347, title II, Dec. 17, 2002, 116 Stat. 2910, as amended
by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-
281, Sec. 1, Aug. 2, 2004, 118 Stat. 889, 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
``(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
``(C) adoption of innovative information technology,
including the 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.
``(c) Avoiding Diminished Access.--When promulgating policies and
implementing programs regarding the provision of Government information
and services over the Internet, agency heads shall consider the impact
on persons without access to the Internet, and shall, to the extent
practicable--
``(1) ensure that the availability of Government information and
services has not been diminished for individuals who lack access to
the Internet; and
``(2) pursue alternate modes of delivery that make Government
information and services more accessible to individuals who do not
own computers or lack 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
``(C) how electronic Government initiatives of the agency
improve performance in delivering programs to constituencies.
``(2) Submission.--Each agency shall submit an annual report
under this subsection--
``(A) to the Director at such time and in such manner as the
Director requires;
``(B) consistent with related reporting requirements; and
``(C) which addresses any section in this title relevant to
that agency.
``(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.
``(c) Authority for Electronic Signatures.--The Administrator of
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.
``(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.
``(C) Access to Federal Government information and services
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.
``SEC. 205. FEDERAL COURTS.
``(a) Individual Court Websites.--The Chief Justice of the United
States, the chief judge of each circuit and district and of the Court of
Federal Claims, and the chief bankruptcy judge of each district shall
cause to be established and maintained, for the court of which the judge
is chief justice or judge, a website that contains the following
information or links to websites with the following information:
``(1) Location and contact information for the courthouse,
including the telephone numbers and contact names for the clerk's
office and justices' or judges' chambers.
``(2) Local rules and standing or general orders of the court.
``(3) Individual rules, if in existence, of each justice or
judge in that court.
``(4) Access to docket information for each case.
``(5) Access to the substance of all written opinions issued by
the court, regardless of whether such opinions are to be published
in the official court reporter, in a text searchable format.
``(6) Access to documents filed with the courthouse in
electronic form, to the extent provided under subsection (c).
``(7) Any other information (including forms in a format that
can be downloaded) that the court determines useful to the public.
``(b) Maintenance of Data Online.--
``(1) Update of information.--The information and rules on each
website shall be updated regularly and kept reasonably current.
``(2) Closed cases.--Electronic files and docket information for
cases closed for more than 1 year are not required to be made
available online, except all written opinions with a date of
issuance after the effective date of this section [see Effective
Date note set out under section 3601 of this title] shall remain
available online.
``(c) Electronic Filings.--
``(1) In general.--Except as provided under paragraph (2) or in
the rules prescribed under paragraph (3), each court shall make any
document that is filed electronically publicly available online. A
court may convert any document that is filed in paper form to
electronic form. To the extent such conversions are made, all such
electronic versions of the document shall be made available online.
``(2) Exceptions.--Documents that are filed that are not
otherwise available to the public, such as documents filed under
seal, shall not be made available online.
``(3) Privacy and security concerns.--
``(A)(i) The Supreme Court shall prescribe rules, in
accordance with sections 2072 and 2075 of title 28, United
States Code, to protect privacy and security concerns relating
to electronic filing of documents and the public availability
under this subsection of documents filed electronically or
converted to electronic form.
``(ii) Such rules shall provide to the extent practicable
for uniform treatment of privacy and security issues throughout
the Federal courts.
``(iii) Such rules shall take into consideration best
practices in Federal and State courts to protect private
information or otherwise maintain necessary information
security.
``(iv) Except as provided in clause (v), to the extent that
such rules provide for the redaction of certain categories of
information in order to protect privacy and security concerns,
such rules shall provide that a party that wishes to file an
otherwise proper document containing such protected information
may file an unredacted document under seal, which shall be
retained by the court as part of the record, and which, at the
discretion of the court and subject to any applicable rules
issued in accordance with chapter 131 of title 28, United States
Code, shall be either in lieu of, or in addition to, a redacted
copy in the public file.
``(v) Such rules may require the use of appropriate redacted
identifiers in lieu of protected information described in clause
(iv) in any pleading, motion, or other paper filed with the
court (except with respect to a paper that is an exhibit or
other evidentiary matter, or with respect to a reference list
described in this subclause), or in any written discovery
response--
``(I) by authorizing the filing under seal, and
permitting the amendment as of right under seal, of a
reference list that--
``(aa) identifies each item of unredacted protected
information that the attorney or, if
there is no attorney, the party, certifies is relevant
to the case; and
``(bb) specifies an appropriate redacted identifier that
uniquely corresponds to each item of unredacted
protected information listed; and
``(II) by providing that all references in the case to
the redacted identifiers in such reference list shall be
construed, without more, to refer to the corresponding
unredacted item of protected information.
``(B)(i) Subject to clause (ii), the Judicial Conference of
the United States may issue interim rules, and interpretive
statements relating to the application of such rules, which
conform to the requirements of this paragraph and which shall
cease to have effect upon the effective date of the rules
required under subparagraph (A).
``(ii) Pending issuance of the rules required under
subparagraph (A), any rule or order of any court, or of the
Judicial Conference, providing for the redaction of certain
categories of information in order to protect privacy and
security concerns arising from electronic filing or electronic
conversion shall comply with, and be construed in conformity
with, subparagraph (A)(iv).
``(C) Not later than 1 year after the rules prescribed under
subparagraph (A) take effect, and every 2 years thereafter, the
Judicial Conference shall submit to Congress a report on the
adequacy of those rules to protect privacy and security.
``(d) Dockets With Links to Documents.--The Judicial Conference of
the United States shall explore the feasibility of technology to post
online dockets with links allowing all filings, decisions, and rulings
in each case to be obtained from the docket sheet of that case.
``(e) Cost of Providing Electronic Docketing Information.--[Amended
section 303(a) of Pub. L. 102-140, set out as a note under section 1913
of Title 28, Judiciary and Judicial Procedure.]
``(f) Time Requirements.--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 websites under subsection (a) shall be established,
except that access to documents filed in electronic form shall be
established not later than 4 years after that effective date.
``(g) Deferral.--
``(1) In general.--
``(A) Election.--
``(i) Notification.--The Chief Justice of the United
States, a chief judge, or chief bankruptcy judge may submit
a notification to the Administrative Office of the United
States Courts to defer compliance with any requirement of
this section with respect to the Supreme Court, a court of
appeals, district, or the bankruptcy court of a district.
``(ii) Contents.--A notification submitted under this
subparagraph shall state--
``(I) the reasons for the deferral; and
``(II) the online methods, if any, or any alternative methods,
such court or district is using to provide greater
public access to information.
``(B) Exception.--To the extent that the Supreme Court, a
court of appeals, district, or bankruptcy court of a district
maintains a website under subsection (a), the Supreme Court or
that court of appeals or district shall comply with subsection
(b)(1).
``(2) Report.--Not later than 1 year after the effective date of
this title [see Effective Date note set out under section 3601 of
this title], and every year thereafter, the Judicial Conference of
the United States shall submit a report to the Committees on
Governmental Affairs and the Judiciary of the Senate and the
Committees on Government Reform and the Judiciary of the House of
Representatives that--
``(A) contains all notifications submitted to the
Administrative Office of the United States Courts under this
subsection; and
``(B) summarizes and evaluates all notifications.
``SEC. 206. REGULATORY AGENCIES.
``(a) Purposes.--The purposes of this section are to--
``(1) improve performance in the development and issuance of
agency regulations by using information technology to increase
access, accountability, and transparency; and
``(2) enhance public participation in Government by electronic
means, consistent with requirements under subchapter II of chapter 5
of title 5, United States Code, (commonly referred to as the
`Administrative Procedures Act').
``(b) Information Provided by Agencies Online.--To the extent
practicable as determined by the agency in consultation with the
Director, each agency (as defined under section 551 of title 5, United
States Code) shall ensure that a publicly accessible Federal Government
website includes all information about that agency required to be
published in the Federal Register under paragraphs (1) and (2) of
section 552(a) of title 5, United States Code.
``(c) Submissions by Electronic Means.--To the extent practicable,
agencies shall accept submissions under section 553(c) of title 5,
United States Code, by electronic means.
``(d) Electronic Docketing.--
``(1) In general.--To the extent practicable, as determined by
the agency in consultation with the Director, agencies shall ensure
that a publicly accessible Federal Government website contains
electronic dockets for rulemakings under section 553 of title 5,
United States Code.
``(2) Information available.--Agency electronic dockets shall
make publicly available online to the extent practicable, as
determined by the agency in consultation with the Director--
``(A) all submissions under section 553(c) of title 5,
United States Code; and
``(B) other materials that by agency rule or practice are
included in the rulemaking docket under section 553(c) of title
5, United States Code, whether or not submitted electronically.
``(e) Time Limitation.--Agencies shall implement the requirements of
this section consistent with a timetable established by the Director and
reported to Congress in the first annual report under section 3606 of
title 44 (as added by this Act).
``SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF GOVERNMENT
INFORMATION.
``(a) Purpose.--The purpose of this section is to 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.
``(c) Interagency Committee.--
``(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--
``(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
``(C) share effective practices for access to, dissemination
of, and retention 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
``(C) determining priorities and developing schedules for
the initial implementation of the standards by agencies.
``(2) Functions of the director.--Not later than 1 year after
the submission of recommendations under paragraph (1), the Director
shall issue policies--
``(A) requiring that agencies use standards, which are open
to the maximum extent feasible, to enable the organization and
categorization of Government information--
``(i) in a way that is searchable 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
``(C) determining priorities and developing schedules for
the initial 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 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
``(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--
``(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.
``(C) Update.--With the assistance of each agency, the
Administrator 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, 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 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.
``(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.
``(C) Sensitive information.--Subparagraph (B)(iii) may be
modified or waived for security rea
sons, 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.--
``(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
``(C) require agencies to conduct privacy impact assessments
of existing information systems or ongoing collections of
information that is in an identifiable form as the Director
determines appropriate.
``(c) Privacy Protections on Agency Websites.--
``(1) Privacy policies on websites.--
``(A) Guidelines for notices.--The 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 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);
``(C) oversee the development of curricula, training
methods, and 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
``(C) be designed to maximize efficiency, through the use of
self-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 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.
``(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)).
``(c) Information Technology Exchange Program.--
``(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 Government Accountability
Office shall prepare and submit to the Committee on Government
Reform of the House of Representatives and the Committee on
Governmental Affairs [now Committee on Homeland Security and
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.--
``(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
``(C) both.
``(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 [now Committee on Homeland Security and
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;
``(C) the names of persons to contact for more information,
and how they may be reached; and
``(D) any other information which the Office considers
appropriate.
``(f) Report on the Establishment of a 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 Representatives and the Committee on Governmental Affairs [now
Committee on Homeland Security and 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.
``(C) With respect to any recommendations under subparagraph
(B), how the program under chapter 37 of title 5, United States
Code, might be used to help carry them out.
``(2) Cost estimate.--The report shall, for any recommended
program (or improvements) under paragraph (1)(B), include the
estimated costs 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.]
``(c) Development of Incentives.--The Director of the Office of
Management and Budget shall, in consultation with the Committee on
Governmental Affairs [now Committee on Homeland Security and
Governmental Affairs] of the Senate, the Committee on Government Reform
of the House of Representatives, and executive agencies, develop
techniques to permit an executive agency to retain 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 provi
sions for technology refreshment and nonstandard Federal Acquisition
Regulation contract clauses.
``(e) Additional Guidance.--The Administrator of General Services
shall--
``(1) identify potential opportunities for the use of share-in-
savings contracts; and
``(2) in consultation with the Director of the 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--
``(A) the information technology acquired;
``(B) the total amount of payments made to the contractor;
and
``(C) the total amount of savings or other measurable
benefits realized;
``(2) a description of the ability of agencies to 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 section 317 of the Federal Property and Administrative Services
Act of 1949 [41 U.S.C. 266a] (as added by subsection (b)).
``SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY
STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES.
``(a) Authority To Use Certain Supply Schedules.--[Amended section
502 of Title 40.]
``(b) Procedures.--Not later than 30 days after the date of the
enactment of this Act [Dec. 17, 2002], the Administrator of General
Services shall establish procedures to implement section 501(c) of title
40, United States Code (as added by subsection (a)).
``(c) Report.--Not later than December 31, 2004, the Administrator
shall submit to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs [now Committee
on Homeland Security and Governmental Affairs] of the Senate a report on
the implementation and effects of the amendment made by subsection (a).
``SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
``(a) Purposes.--The purposes of this section are to--
``(1) enhance the interoperability of Federal information
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.
``(c) Report.--
``(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 [now Committee on Homeland
Security and 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 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;
``(C) address the feasibility of developing a distributed
information system involving, on a voluntary basis, at least 2
agencies, that--
``(i) provides consistent, dependable, and timely public
access to the information holdings of 1 or more agencies, or
some portion of such holdings, without requiring public
users to know which agency holds the information; and
``(ii) allows the integration of public information held
by the participating agencies;
``(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.--
``(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.
``SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
``(a) Purposes.--The purposes of this section are to--
``(1) study and enhance the effectiveness of community
technology centers, public libraries, and other institutions that
provide computer and Internet access to the public; and
``(2) promote awareness of the availability of on-line
government information and services, to users of community
technology centers, public libraries, and other public facilities
that provide access to computer technology and Internet access to
the public.
``(b) Study and Report.--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 Administrator shall--
``(1) ensure that a study is conducted to evaluate the best
practices of community technology centers that have received Federal
funds; and
``(2) submit a report on the study to--
``(A) the Committee on Governmental Affairs [now Committee
on Homeland Security and Governmental Affairs] of the Senate;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) the Committee on Government Reform of the House of
Representatives; and
``(D) the Committee on Education and the Workforce of the
House of Representatives.
``(c) Contents.--The report under subsection (b) may consider--
``(1) an evaluation of the best practices being used by
successful community technology centers;
``(2) a strategy for--
``(A) continuing the evaluation of best practices used by
community technology centers; and
``(B) establishing a network to share information and
resources as community technology centers evolve;
``(3) the identification of methods to expand the use of best
practices to assist community technology centers, public libraries,
and other institutions that provide computer and Internet access to
the public;
``(4) a database of all community technology centers that have
received Federal funds, including--
``(A) each center's name, location, services provided,
director, other points of contact, number of individuals served;
and
``(B) other relevant information;
``(5) an analysis of whether community technology centers have
been deployed effectively in urban and rural areas throughout the
Nation; and
``(6) recommendations of how to--
``(A) enhance the development of community technology
centers; and
``(B) establish a network to share information and
resources.
``(d) Cooperation.--All agencies that fund community technology
centers shall provide to the Administrator any information and
assistance necessary for the completion of the study and the report
under this section.
``(e) Assistance.--
``(1) In general.--The Administrator, in consultation with the
Secretary of Education, shall work with other relevant Federal
agencies, and other interested persons in the private and nonprofit
sectors to--
``(A) assist in the implementation of recommendations; and
``(B) identify other ways to assist community technology
centers, public libraries, and other institutions that provide
computer and Internet access to the public.
``(2) Types of assistance.--Assistance under this subsection may
include--
``(A) contribution of funds;
``(B) donations of equipment, and training in the use and
maintenance of the equipment; and
``(C) the provision of basic instruction or training
material in computer skills and Internet usage.
``(f) Online Tutorial.--
``(1) In general.--The Administrator, in consultation with the
Secretary of Education, the Director of the Institute of Museum and
Library Services, other relevant agencies, and the public, shall
develop an online tutorial that--
``(A) explains how to access Government information and
services on the Internet; and
``(B) provides a guide to available online resources.
``(2) Distribution.--The Administrator, with assistance from the
Secretary of Education, shall distribute information on the tutorial
to community technology centers, public libraries, and other
institutions that afford Internet access to the public.
``(g) Promotion of Community Technology Centers.--The Administrator,
with assistance from the Department of Education and in consultation
with other agencies and organizations, shall promote the availability of
community technology centers to raise awareness within each community
where such a center is located.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for the study of best practices at community technology
centers, for the development and dissemination of the online tutorial,
and for the promotion of community technology centers under this
section--
``(1) $2,000,000 in fiscal year 2003;
``(2) $2,000,000 in fiscal year 2004; and
``(3) such sums as are necessary in fiscal years 2005 through
2007.
``SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED INFORMATION
TECHNOLOGY.
``(a) Purpose.--The purpose of this section is to improve how
information technology is used in coordinating and facilitating
information on disaster preparedness, response, and recovery, while
ensuring the availability of such information across multiple access
channels.
``(b) In General.--
``(1) Study on enhancement of crisis response.--Not later than
90 days after the date of enactment of this Act [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 [now Committee
on Homeland Security and Governmental Affairs] of the Senate;
and
``(B) the Committee on Government Reform of the House of
Representatives.
``(4) Interagency cooperation.--Other Federal departments and
agencies with responsibility for 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.
``(c) Pilot Projects.--Based on the results of the research
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. 215. DISPARITIES IN ACCESS TO THE INTERNET.
``(a) Study and Report.--
``(1) Study.--Not later than 90 days after the date of enactment
of this Act [Dec. 17, 2002], the Administrator of General Services
shall request that the National Academy of Sciences, acting through
the National Research Council, enter into a contract to conduct a
study on disparities in Internet access for online Government
services.
``(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of General Services shall
submit to the Committee on Governmental Affairs [now Committee on
Homeland Security and Governmental Affairs] of the Senate and the
Committee on Government Reform of the House of Representatives a
final report of the study under this section, which shall set forth
the findings, conclusions, and recommendations of the National
Research Council.
``(b) Contents.--The report under subsection (a) shall include a
study of--
``(1) how disparities in Internet access influence the
effectiveness of online Government services, including a review of--
``(A) the nature of disparities in Internet access;
``(B) the affordability of Internet service;
``(C) the incidence of disparities among different groups
within the population; and
``(D) changes in the nature of personal and public Internet
access that may alleviate or aggravate effective access to
online Government services;
``(2) how the increase in online Government services is
influencing the disparities in Internet access and how technology
development or diffusion trends may offset such adverse influences;
and
``(3) related societal effects arising from the interplay of
disparities in Internet access and the increase in online Government
services.
``(c) Recommendations.--The report shall include recommendations on
actions to ensure that online Government initiatives shall not have the
unintended result of increasing any deficiency in public access to
Government services.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $950,000 in fiscal year 2003 to carry out this section.
``SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION 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.
``(c) In General.--
``(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, 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.''
Information Security Responsibilities of Certain Agencies
Pub. L. 107-347, title III, Sec. 301(c)(1)(A), Dec. 17, 2002, 116
Stat. 2955, provided that: ``Nothing in this Act [see Tables for
classification] (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the Director of
Central Intel
ligence, or other agency head, as authorized by law and as directed by
the President, with regard to the operation, control, or management of
national security systems, as defined by section 3542(b)(2) of title 44,
United States Code.''
[Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as the
head of the intelligence community deemed to be a reference to the
Director of National Intelligence. Reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the Central Intelligence Agency
deemed to be a reference to the Director of the Central Intelligence
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note
under section 401 of Title 50, War and National Defense.]
Atomic Energy Act of 1954
Pub. L. 107-347, title III, Sec. 301(c)(2), Dec. 17, 2002, 116 Stat.
2955, provided that: ``Nothing in this Act [see Tables for
classification] shall supersede any requirement made by or under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or
formerly restricted data shall be handled, protected, classified,
downgraded, and declassified in conformity with the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).''
Confidential Information Protection and Statistical Efficiency
Pub. L. 107-347, title V, Dec. 17, 2002, 116 Stat. 2962, provided
that:
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Confidential Information
Protection and Statistical Efficiency Act of 2002'.
``SEC. 502. DEFINITIONS.
``As used in this title:
``(1) The term `agency' means any entity that falls within the
definition of the term `executive agency' as defined in section 102
of title 31, United States Code, or `agency', as defined in section
3502 of title 44, United States Code.
``(2) The term `agent' means an individual--
``(A)(i) who is an employee of a private organization or a
researcher affiliated with an institution of higher learning
(including a person granted special sworn status by the Bureau
of the Census under section 23(c) of title 13, United States
Code), and with whom a contract or other agreement is executed,
on a temporary basis, by an executive agency to perform
exclusively statistical activities under the control and
supervision of an officer or employee of that agency;
``(ii) who is working under the authority of a government
entity with which a contract or other agreement is executed by
an executive agency to perform exclusively statistical
activities under the control of an officer or employee of that
agency;
``(iii) who is a self-employed researcher, a consultant, a
contractor, or an employee of a contractor, and with whom a
contract or other agreement is executed by an executive agency
to perform a statistical activity under the control of an
officer or employee of that agency; or
``(iv) who is a contractor or an employee of a contractor,
and who is engaged by the agency to design or maintain the
systems for handling or storage of data received under this
title; and
``(B) who agrees in writing to comply with all provisions of
law that affect information acquired by that agency.
``(3) The term `business data' means operating and financial
data and information about businesses, tax-exempt organizations, and
government entities.
``(4) The term `identifiable form' means any representation of
information that permits the identity of the respondent to whom the
information applies to be reasonably inferred by either direct or
indirect means.
``(5) The term `nonstatistical purpose'--
``(A) means the use of data in identifiable form for any
purpose that is not a statistical purpose, including any
administrative, regulatory, law enforcement, adjudicatory, or
other purpose that affects the rights, privileges, or benefits
of a particular identifiable respondent; and
``(B) includes the disclosure under section 552 of title 5,
United States Code (popularly known as the Freedom of
Information Act) of data that are acquired for exclusively
statistical purposes under a pledge of confidentiality.
``(6) The term `respondent' means a person who, or organization
that, is requested or required to supply information to an agency,
is the subject of information requested or required to be supplied
to an agency, or provides that information to an agency.
``(7) The term `statistical activities'--
``(A) means the collection, compilation, processing, or
analysis of data for the purpose of describing or making
estimates concerning the whole, or relevant groups or components
within, the economy, society, or the natural environment; and
``(B) includes the development of methods or resources that
support those activities, such as measurement methods, models,
statistical classifications, or sampling frames.
``(8) The term `statistical agency or unit' means an agency or
organizational unit of the executive branch whose activities are
predominantly the collection, compilation, processing, or analysis
of information for statistical purposes.
``(9) The term `statistical purpose'--
``(A) means the description, estimation, or analysis of the
characteristics of groups, without identifying the individuals
or organizations that comprise such groups; and
``(B) includes the development, implementation, or
maintenance of methods, technical or administrative procedures,
or information resources that support the purposes described in
subparagraph (A).
``SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
``(a) In General.--The Director of the Office of Management and
Budget shall coordinate and oversee the confidentiality and disclosure
policies established by this title. The Director may promulgate rules or
provide other guidance to ensure consistent interpretation of this title
by the affected agencies.
``(b) Agency Rules.--Subject to subsection (c), agencies may
promulgate rules to implement this title. Rules governing disclosures of
information that are authorized by this title shall be promulgated by
the agency that originally collected the information.
``(c) Review and Approval of Rules.--The Director shall review any
rules proposed by an agency pursuant to this title for consistency with
the provisions of this title and chapter 35 of title 44, United States
Code, and such rules shall be subject to the approval of the Director.
``(d) Reports.--
``(1) The head of each agency shall provide to the Director of
the Office of Management and Budget such reports and other
information as the Director requests.
``(2) Each Designated Statistical Agency referred to in section
522 shall report annually to the Director of the Office of
Management and Budget, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs
[now Committee on Homeland Security and Governmental Affairs] of the
Senate on the actions it has taken to implement sections 523 and
524. The report shall include copies of each written agreement
entered into pursuant to section 524(a) for the applicable year.
``(3) The Director of the Office of Management and Budget shall
include a summary of reports submitted to the Director under
paragraph (2) and actions taken
by the Director to advance the purposes of this title in the annual
report to the Congress on statistical programs prepared under
section 3504(e)(2) of title 44, United States Code.
``SEC. 504. EFFECT ON OTHER LAWS.
``(a) Title 44, United States Code.--This title, including
amendments made by this title, does not diminish the authority under
section 3510 of title 44, United States Code, of the Director of the
Office of Management and Budget to direct, and of an agency to make,
disclosures that are not inconsistent with any applicable law.
``(b) Title 13 and Title 44, United States Code.--This title,
including amendments made by this title, does not diminish the authority
of the Bureau of the Census to provide information in accordance with
sections 8, 16, 301, and 401 of title 13, United States Code, and
section 2108 of title 44, United States Code.
``(c) Title 13, United States Code.--This title, including
amendments made by this title, shall not be construed as authorizing the
disclosure for nonstatistical purposes of demographic data or
information collected by the Census Bureau pursuant to section 9 of
title 13, United States Code.
``(d) Various Energy Statutes.--Data or information acquired by the
Energy Information Administration under a pledge of confidentiality and
designated by the Energy Information Administration to be used for
exclusively statistical purposes shall not be disclosed in identifiable
form for nonstatistical purposes under--
``(1) section 12, 20, or 59 of the Federal Energy Administration
Act of 1974 (15 U.S.C. 771, 779, 790h);
``(2) section 11 of the Energy Supply and Environmental
Coordination Act of 1974 (15 U.S.C. 796); or
``(3) section 205 or 407 of the Department of the Energy
Organization Act of 1977 (42 U.S.C. 7135, 7177).
``(e) Section 201 of Congressional Budget Act of 1974 [2 U.S.C.
601].--This title, including amendments made by this title, shall not be
construed to limit any authorities of the Congressional Budget Office to
work (consistent with laws governing the confidentiality of information
the disclosure of which would be a violation of law) with databases of
Designated Statistical Agencies (as defined in section 522), either
separately or, for data that may be shared pursuant to section 524 of
this title or other authority, jointly in order to improve the general
utility of these databases for the statistical purpose of analyzing
pension and health care financing issues.
``(f) Preemption of State Law.--Nothing in this title shall preempt
applicable State law regarding the confidentiality of data collected by
the States.
``(g) Statutes Regarding False Statements.--Notwithstanding section
512, information collected by an agency for exclusively statistical
purposes under a pledge of confidentiality may be provided by the
collecting agency to a law enforcement agency for the prosecution of
submissions to the collecting agency of false statistical information
under statutes that authorize criminal penalties (such as section 221 of
title 13, United States Code) or civil penalties for the provision of
false statistical information, unless such disclosure or use would
otherwise be prohibited under Federal law.
``(h) Construction.--Nothing in this title shall be construed as
restricting or diminishing any confidentiality protections or penalties
for unauthorized disclosure that otherwise apply to data or information
collected for statistical purposes or nonstatistical purposes,
including, but not limited to, section 6103 of the Internal Revenue Code
of 1986 (26 U.S.C. 6103).
``(i) Authority of Congress.--Nothing in this title shall be
construed to affect the authority of the Congress, including its
committees, members, or agents, to obtain data or information for a
statistical purpose, including for oversight of an agency's statistical
activities.
``Subtitle A--Confidential Information Protection
``SEC. 511. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds the following:
``(1) Individuals, businesses, and other organizations have
varying degrees of legal protection when providing information to
the agencies for strictly statistical purposes.
``(2) Pledges of confidentiality by agencies provide assurances
to the public that information about individuals or organizations or
provided by individuals or organizations for exclusively statistical
purposes will be held in confidence and will not be used against
such individuals or organizations in any agency action.
``(3) Protecting the confidentiality interests of individuals or
organizations who provide information under a pledge of
confidentiality for Federal statistical programs serves both the
interests of the public and the needs of society.
``(4) Declining trust of the public in the protection of
information provided under a pledge of confidentiality to the
agencies adversely affects both the accuracy and completeness of
statistical analyses.
``(5) Ensuring that information provided under a pledge of
confidentiality for statistical purposes receives protection is
essential in continuing public cooperation in statistical programs.
``(b) Purposes.--The purposes of this subtitle are the following:
``(1) To ensure that information supplied by individuals or
organizations to an agency for statistical purposes under a pledge
of confidentiality is used exclusively for statistical purposes.
``(2) To ensure that individuals or organizations who supply
information under a pledge of confidentiality to agencies for
statistical purposes will neither have that information disclosed in
identifiable form to anyone not authorized by this title nor have
that information used for any purpose other than a statistical
purpose.
``(3) To safeguard the confidentiality of individually
identifiable information acquired under a pledge of confidentiality
for statistical purposes by controlling access to, and uses made of,
such information.
``SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.
``(a) Use of Statistical Data or Information.--Data or information
acquired by an agency under a pledge of confidentiality and for
exclusively statistical purposes shall be used by officers, employees,
or agents of the agency exclusively for statistical purposes.
``(b) Disclosure of Statistical Data or Information.--
``(1) Data or information acquired by an agency under a pledge
of confidentiality for exclusively statistical purposes shall not be
disclosed by an agency in identifiable form, for any use other than
an exclusively statistical purpose, except with the informed consent
of the respondent.
``(2) A disclosure pursuant to paragraph (1) is authorized only
when the head of the agency approves such disclosure and the
disclosure is not prohibited by any other law.
``(3) This section does not restrict or diminish any
confidentiality protections in law that otherwise apply to data or
information acquired by an agency under a pledge of confidentiality
for exclusively statistical purposes.
``(c) Rule for Use of Data or Information for Nonstatistical
Purposes.--A statistical agency or unit shall clearly distinguish any
data or information it collects for nonstatistical purposes (as
authorized by law) and provide notice to the public, before the data or
information is collected, that the data or information could be used for
nonstatistical purposes.
``(d) Designation of Agents.--A statistical agency or unit may
designate agents, by contract or by entering into a special agreement
containing the provisions required under section 502(2) for treatment as
an agent
under that section, who may perform exclusively statistical activities,
subject to the limitations and penalties described in this title.
``SEC. 513. FINES AND PENALTIES.
``Whoever, being an officer, employee, or agent of an agency
acquiring information for exclusively statistical purposes, having taken
and subscribed the oath of office, or having sworn to observe the
limitations imposed by section 512, comes into possession of such
information by reason of his or her being an officer, employee, or agent
and, knowing that the disclosure of the specific information is
prohibited under the provisions of this title, willfully discloses the
information in any manner to a person or agency not entitled to receive
it, shall be guilty of a class E felony and imprisoned for not more than
5 years, or fined not more than $250,000, or both.
``Subtitle B--Statistical Efficiency
``SEC. 521. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds the following:
``(1) Federal statistics are an important source of information
for public and private decision-makers such as policymakers,
consumers, businesses, investors, and workers.
``(2) Federal statistical agencies should continuously seek to
improve their efficiency. Statutory constraints limit the ability of
these agencies to share data and thus to achieve higher efficiency
for Federal statistical programs.
``(3) The quality of Federal statistics depends on the
willingness of businesses to respond to statistical surveys.
Reducing reporting burdens will increase response rates, and
therefore lead to more accurate characterizations of the economy.
``(4) Enhanced sharing of business data among the Bureau of the
Census, the Bureau of Economic Analysis, and the Bureau of Labor
Statistics for exclusively statistical purposes will improve their
ability to track more accurately the large and rapidly changing
nature of United States business. In particular, the statistical
agencies will be able to better ensure that businesses are
consistently classified in appropriate industries, resolve data
anomalies, produce statistical samples that are consistently
adjusted for the entry and exit of new businesses in a timely
manner, and correct faulty reporting errors quickly and efficiently.
``(5) The Congress enacted the International Investment and
Trade in Services Act of 1990 [probably means the International
Investment and Trade in Services Survey Act, Pub. L. 94-472, as
amended by Pub. L. 101-533, which is classified to 22 U.S.C. 3101 et
seq.] that allowed the Bureau of the Census, the Bureau of Economic
Analysis, and the Bureau of Labor Statistics to share data on
foreign-owned companies. The Act not only expanded detailed industry
coverage from 135 industries to over 800 industries with no increase
in the data collected from respondents but also demonstrated how
data sharing can result in the creation of valuable data products.
``(6) With subtitle A of this title, the sharing of business
data among the Bureau of the Census, the Bureau of Economic
Analysis, and the Bureau of Labor Statistics continues to ensure the
highest level of confidentiality for respondents to statistical
surveys.
``(b) Purposes.--The purposes of this subtitle are the following:
``(1) To authorize the sharing of business data among the Bureau
of the Census, the Bureau of Economic Analysis, and the Bureau of
Labor Statistics for exclusively statistical purposes.
``(2) To reduce the paperwork burdens imposed on businesses that
provide requested information to the Federal Government.
``(3) To improve the comparability and accuracy of Federal
economic statistics by allowing the Bureau of the Census, the Bureau
of Economic Analysis, and the Bureau of Labor Statistics to update
sample frames, develop consistent classifications of establishments
and companies into industries, improve coverage, and reconcile
significant differences in data produced by the three agencies.
``(4) To increase understanding of the United States economy,
especially for key industry and regional statistics, to develop more
accurate measures of the impact of technology on productivity
growth, and to enhance the reliability of the Nation's most
important economic indicators, such as the National Income and
Product Accounts.
``SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
``For purposes of this subtitle, the term `Designated Statistical
Agency' means each of the following:
``(1) The Bureau of the Census of the Department of Commerce.
``(2) The Bureau of Economic Analysis of the Department of
Commerce.
``(3) The Bureau of Labor Statistics of the Department of Labor.
``SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.
``The head of each of the Designated Statistical Agencies shall--
``(1) identify opportunities to eliminate duplication and
otherwise reduce reporting burden and cost imposed on the public in
providing information for statistical purposes;
``(2) enter into joint statistical projects to improve the
quality and reduce the cost of statistical programs; and
``(3) protect the confidentiality of individually identifiable
information acquired for statistical purposes by adhering to
safeguard principles, including--
``(A) emphasizing to their officers, employees, and agents
the importance of protecting the confidentiality of information
in cases where the identity of individual respondents can
reasonably be inferred by either direct or indirect means;
``(B) training their officers, employees, and agents in
their legal obligations to protect the confidentiality of
individually identifiable information and in the procedures that
must be followed to provide access to such information;
``(C) implementing appropriate measures to assure the
physical and electronic security of confidential data;
``(D) establishing a system of records that identifies
individuals accessing confidential data and the project for
which the data were required; and
``(E) being prepared to document their compliance with
safeguard principles to other agencies authorized by law to
monitor such compliance.
``SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL
AGENCIES.
``(a) In General.--A Designated Statistical Agency may provide
business data in an identifiable form to another Designated Statistical
Agency under the terms of a written agreement among the agencies sharing
the business data that specifies--
``(1) the business data to be shared;
``(2) the statistical purposes for which the business data are
to be used;
``(3) the officers, employees, and agents authorized to examine
the business data to be shared; and
``(4) appropriate security procedures to safeguard the
confidentiality of the business data.
``(b) Responsibilities of Agencies Under Other Laws.--The provision
of business data by an agency to a Designated Statistical Agency under
this subtitle shall in no way alter the responsibility of the agency
providing the data under other statutes (including section 552 of title
5, United States Code (popularly known as the Freedom of Information
Act), and section 552b of title 5, United States Code (popularly known
as the Privacy Act of 1974 [Pub. L. 93-579, see Short Title note set
out under section 552a of Title 5, Government Organization and
Employees])) with respect to the provision or withholding of such
information by the agency providing the data.
``(c) Responsibilities of Officers, Employees, and Agents.--
Examination of business data in identifiable form shall be limited to
the officers, employees, and agents authorized to examine the individual
reports in accordance with written agreements pursuant to this section.
Officers, employees, and agents of a Designated Statistical Agency who
receive data pursuant to this subtitle shall be subject to all
provisions of law, including penalties, that relate--
``(1) to the unlawful provision of the business data that would
apply to the officers, employees, and agents of the agency that
originally obtained the information; and
``(2) to the unlawful disclosure of the business data that would
apply to officers, employees, and agents of the agency that
originally obtained the information.
``(d) Notice.--Whenever a written agreement concerns data that
respondents were required by law to report and the respondents were not
informed that the data could be shared among the Designated Statistical
Agencies, for exclusively statistical purposes, the terms of such
agreement shall be described in a public notice issued by the agency
that intends to provide the data. Such notice shall allow a minimum of
60 days for public comment.
``SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DESIGNATED
STATISTICAL AGENCIES.
``(a) Use, Generally.--Business data provided by a Designated
Statistical Agency pursuant to this subtitle shall be used exclusively
for statistical purposes.
``(b) Publication.--Publication of business data acquired by a
Designated Statistical Agency shall occur in a manner whereby the data
furnished by any particular respondent are not in identifiable form.
``SEC. 526. CONFORMING AMENDMENTS.
``(a) Department of Commerce.--[Amended section 176a of Title 15,
Commerce and Trade.]
``(b) Title 13.--[Enacted section 402 of Title 13, Census.]''.
Waiver of Paperwork Reduction
Pub. L. 101-508, title IV, Sec. 4711(f), Nov. 5, 1990, 104 Stat.
1388-187, provided that: ``Chapter 35 of title 44, United States Code,
and Executive Order 12291 [formerly set out as a note under section 601
of Title 5, Government Organization and Employees] shall not apply to
information and regulations required for purposes of carrying out this
Act [see Tables for classification] and implementing the amendments made
by this Act.''