Pub.L. 107-348 To direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Muscle Shoals National Heritage Area in Alabama, and for other purposes. <> ...

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Public Law 107-347
107th Congress

                                 An Act


 
    To enhance the management and promotion of electronic Government 
   services and processes by establishing a Federal Chief Information 
  Officer <<NOTE: Dec. 17, 2002 -  [H.R. 2458]>> within the Office of 
Management and Budget, and by establishing a broad framework of measures 
  that require using Internet-based information technology to enhance 
  citizen access to Government information and services, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: E-Government Act of 2002.>> Congress 
assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 44 USC 101 note.>> Title.--This Act may be cited 
as the ``E-Government Act of 2002''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.

 TITLE I--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES

Sec. 101. Management and promotion of electronic government services.
Sec. 102. Conforming amendments.

  TITLE II--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT 
                                SERVICES

Sec. 201. Definitions.
Sec. 202. Federal agency responsibilities.
Sec. 203. Compatibility of executive agency methods for use and 
           acceptance of electronic signatures.
Sec. 204. Federal Internet portal.
Sec. 205. Federal courts.
Sec. 206. Regulatory agencies.
Sec. 207. Accessibility, usability, and preservation of government 
           information.
Sec. 208. Privacy provisions.
Sec. 209. Federal information technology workforce development.
Sec. 210. Share-in-savings initiatives.
Sec. 211. Authorization for acquisition of information technology by 
           State and local governments through Federal supply schedules.
Sec. 212. Integrated reporting study and pilot projects.
Sec. 213. Community technology centers.
Sec. 214. Enhancing crisis management through advanced information 
           technology.
Sec. 215. Disparities in access to the Internet.
Sec. 216. Common protocols for geographic information systems.

                     TITLE III--INFORMATION SECURITY

Sec. 301. Information security.
Sec. 302. Management of information technology.
Sec. 303. National Institute of Standards and Technology.
Sec. 304. Information Security and Privacy Advisory Board.
Sec. 305. Technical and conforming amendments.

      TITLE IV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

Sec. 401. Authorization of appropriations.

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Sec. 402. Effective dates.

 TITLE V--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Coordination and oversight of policies.
Sec. 504. Effect on other laws.

             Subtitle A--Confidential Information Protection

Sec. 511. Findings and purposes.
Sec. 512. Limitations on use and disclosure of data and information.
Sec. 513. Fines and penalties.

                   Subtitle B--Statistical Efficiency

Sec. 521. Findings and purposes.
Sec. 522. Designation of statistical agencies.
Sec. 523. Responsibilities of designated statistical agencies.
Sec. 524. Sharing of business data among designated statistical 
           agencies.
Sec. 525. Limitations on use of business data provided by designated 
           statistical agencies.
Sec. 526. Conforming amendments.

SEC. 2. <<NOTE: 44 USC 3601 note.>> FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The use of computers and the Internet is rapidly 
        transforming societal interactions and the relationships among 
        citizens, private businesses, and the Government.
            (2) The Federal Government has had uneven success in 
        applying advances in information technology to enhance 
        governmental functions and services, achieve more efficient 
        performance, increase access to Government information, and 
        increase citizen participation in Government.
            (3) Most Internet-based services of the Federal Government 
        are developed and presented separately, according to the 
        jurisdictional boundaries of an individual department or agency, 
        rather than being integrated cooperatively according to function 
        or topic.
            (4) Internet-based Government services involving interagency 
        cooperation are especially difficult to develop and promote, in 
        part because of a lack of sufficient funding mechanisms to 
        support such interagency cooperation.
            (5) Electronic Government has its impact through improved 
        Government performance and outcomes within and across agencies.
            (6) Electronic Government is a critical element in the 
        management of Government, to be implemented as part of a 
        management framework that also addresses finance, procurement, 
        human capital, and other challenges to improve the performance 
        of Government.
            (7) To take full advantage of the improved Government 
        performance that can be achieved through the use of Internet-
        based technology requires strong leadership, better 
        organization, improved interagency collaboration, and more 
        focused oversight of agency compliance with statutes related to 
        information resource management.

    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide effective leadership of Federal Government 
        efforts to develop and promote electronic Government services 
        and processes by establishing an Administrator of a new Office 
        of Electronic Government within the Office of Management and 
        Budget.

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            (2) To promote use of the Internet and other information 
        technologies to provide increased opportunities for citizen 
        participation in Government.
            (3) To promote interagency collaboration in providing 
        electronic Government services, where this collaboration would 
        improve the service to citizens by integrating related 
        functions, and in the use of internal electronic Government 
        processes, where this collaboration would improve the efficiency 
        and effectiveness of the processes.
            (4) To improve the ability of the Government to achieve 
        agency missions and program performance goals.
            (5) To promote the use of the Internet and emerging 
        technologies within and across Government agencies to provide 
        citizen-centric Government information and services.
            (6) To reduce costs and burdens for businesses and other 
        Government entities.
            (7) To promote better informed decisionmaking by policy 
        makers.
            (8) To promote access to high quality Government information 
        and services across multiple channels.
            (9) To make the Federal Government more transparent and 
        accountable.
            (10) To transform agency operations by utilizing, where 
        appropriate, best practices from public and private sector 
        organizations.
            (11) To provide enhanced access to Government information 
        and services in a manner consistent with laws regarding 
        protection of personal privacy, national security, records 
        retention, access for persons with disabilities, and other 
        relevant laws.

 TITLE I--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT SERVICES

SEC. 101. MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES.

    (a) In General.--Title 44, United States Code, is amended by 
inserting after chapter 35 the following:

``CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES

``Sec.
``3601. Definitions.
``3602. Office of Electronic Government.
``3603. Chief Information Officers Council.
``3604. E-Government Fund.
``3605. Program to encourage innovative solutions to enhance electronic 
           Government services and processes.
``3606. E-Government report.

``Sec. 3601. Definitions

    ``In this chapter, the definitions under section 3502 shall apply, 
and the term--
            ``(1) `Administrator' means the Administrator of the Office 
        of Electronic Government established under section 3602;

[[Page 116 STAT. 2902]]

            ``(2) `Council' means the Chief Information Officers Council 
        established under section 3603;
            ``(3) `electronic Government' means the use by the 
        Government of web-based Internet applications and other 
        information technologies, combined with processes that implement 
        these technologies, to--
                    ``(A) enhance the access to and delivery of 
                Government information and services to the public, other 
                agencies, and other Government entities; or
                    ``(B) bring about improvements in Government 
                operations that may include effectiveness, efficiency, 
                service quality, or transformation;
            ``(4) `enterprise architecture'--
                    ``(A) means--
                          ``(i) a strategic information asset base, 
                      which defines the mission;
                          ``(ii) the information necessary to perform 
                      the mission;
                          ``(iii) the technologies necessary to perform 
                      the mission; and
                          ``(iv) the transitional processes for 
                      implementing new technologies in response to 
                      changing mission needs; and
                    ``(B) includes--
                          ``(i) a baseline architecture;
                          ``(ii) a target architecture; and
                          ``(iii) a sequencing plan;
            ``(5) `Fund' means the E-Government Fund established under 
        section 3604;
            ``(6) `interoperability' means the ability of different 
        operating and software systems, applications, and services to 
        communicate and exchange data in an accurate, effective, and 
        consistent manner;
            ``(7) `integrated service delivery' means the provision of 
        Internet-based Federal Government information or services 
        integrated according to function or topic rather than separated 
        according to the boundaries of agency jurisdiction; and
            ``(8) `tribal government' means--
                    ``(A) the governing body of any Indian tribe, band, 
                nation, or other organized group or community located in 
                the continental United States (excluding the State of 
                Alaska) that is recognized as eligible for the special 
                programs and services provided by the United States to 
                Indians because of their status as Indians, and
                    ``(B) any Alaska Native regional or village 
                corporation established pursuant to the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1601 et seq.).

``Sec. 3602. Office of Electronic Government

    ``(a) <<NOTE: Establishment. Government organization.>> There is 
established in the Office of Management and Budget an Office of 
Electronic Government.

    ``(b) <<NOTE: President.>> There shall be at the head of the Office 
an Administrator who shall be appointed by the President.

    ``(c) The Administrator shall assist the Director in carrying out--
            ``(1) all functions under this chapter;

[[Page 116 STAT. 2903]]

            ``(2) all of the functions assigned to the Director under 
        title II of the E-Government Act of 2002; and
            ``(3) other electronic government initiatives, consistent 
        with other statutes.

    ``(d) The Administrator shall assist the Director and the Deputy 
Director for Management and work with the Administrator of the Office of 
Information and Regulatory Affairs in setting strategic direction for 
implementing electronic Government, under relevant statutes, including--
            ``(1) chapter 35;
            ``(2) subtitle III of title 40, United States Code;
            ``(3) section 552a of title 5 (commonly referred to as the 
        `Privacy Act');
            ``(4) the Government Paperwork Elimination Act (44 U.S.C. 
        3504 note); and
            ``(5) the Federal Information Security Management Act of 
        2002.

    ``(e) The Administrator shall work with the Administrator of the 
Office of Information and Regulatory Affairs and with other offices 
within the Office of Management and Budget to oversee implementation of 
electronic Government under this chapter, chapter 35, the E-Government 
Act of 2002, and other relevant statutes, in a manner consistent with 
law, relating to--
            ``(1) capital planning and investment control for 
        information technology;
            ``(2) the development of enterprise architectures;
            ``(3) information security;
            ``(4) privacy;
            ``(5) access to, dissemination of, and preservation of 
        Government information;
            ``(6) accessibility of information technology for persons 

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