LEGISLATION OVERVIEW
105TH AND 106TH CONGRESSESFebruary 25, 1999 INTRODUCTION
This paper was prepared for the agency IT and program manager community. The paper contains a brief summary of four key laws from the 105th Congress, selected legislation that has been introduced in the 106th Congress and likely high priority topics of the 106th Congress.
105TH CONGRESS LEGISLATION
The following four laws from the 105th Congress are of interest to the agency IT and program community:
· The Government Paperwork Elimination Act (GPEA), S.2107 , passed as Title XVII of Public Law 105-277, Omnibus Consolidated and Emergency Appropriation for Fiscal Year 1999, a 4,000 page bill which is House Conference Report 825. House Conference Report 825 is contained in the October 19, 1998 Congressional Record. Title XVII is on pages H11245-46. The GPEA provides authority for acquisition and use of alternative information technologies as a substitute for paper and for the use and acceptance of electronic signatures. OMB in consultation with the National Telecommunications and Information Administration is to develop procedures for the use and acceptance of electronic signatures not later than 18 months after enactment of the GPEA. Also, not later than 18 months after enactment, OMB is to develop procedures for private employers to store and file electronically with Executive agencies forms containing information pertaining to their employees. Not later than five years after enactment, Executive agencies are to provide for the option of the electronic maintenance, submission or disclosure of information, when practicable, as a substitute for paper. OMB announced informally at a conference on February 10, 1999, that draft guidelines will be issued within a month that will provide a road map for agencies to follow in implementing GPEA. There will be a 120-day comment period. The guidelines were published in the March 5, 1999 Federal Register, pages 10895-10902. Any comments are due no later than July 5, 1999. Also, please see H.R. 439, Paperwork Elimination Act of 1999 under 106th Congress Proposed Legislation, below. The Senate Commerce, Science and Transportation Committee held a hearing on S.2107 on July 15, 1998. A summary report of the hearing is at http://www.itpolicy.gsa.gov/mks/regs-leg/reglegtc.htm .
· H.R. 1385, the Workforce Investment Act of 1998, P.L. 105-220 , was signed by the President on August 7, 1998. This act includes reauthorization of Section 508, Electronic and Information Technology, of the Rehabilitation Act of 1973. Section 508 requires Federal agencies to acquire accessible information technology for Federal employees with disabilities.
· The President signed into law H.R. 3332, the Next Generation Internet Research Act of 1998, P.L. 105-305 , on October 28, 1998. This Act builds on the High-Performance Computing Act of 1991 to develop a new research program in advanced communications technologies for the 21st century.
· The President signed into law H.R. 2281, the Digital Millennium Copyright Act, P.L. 105-304 , on October 28, 1998. This bill implements two landmark treaties, the World Intellectual Property Organization (WIPO) Treaty and the WIPO Performance and Phonogram Treaty, which mark the most extensive revision of international copyright law in over 25 years. The treaties grant writers, artists and other creators of copyrighted materials global protection from piracy in the digital age. The bill protects telephone companies and Internet service providers from legal liability when their services are used to transmit or post pirated works. The bill grants extensive fair-use exemptions by allowing libraries, schools and others limited use of copyright-protected materials. The Senate Foreign Relations Committee held a hearing on the WIPO treaties on September 10, 1998. A summary report of the hearing is at http://www.itpolicy.gsa.gov/mks/regs-leg/reglegtc.htm . The report includes links to the WIPO treaties.
106TH CONGRESS PROPOSED LEGISLATION
As of February 12, 1999, 767 public bills were introduced in the House and 429 bills introduced in the Senate since the beginning of this session of Congress.
The following are selected proposed bills of interest to the agency IT and program community. These bills show there is continuing interest in the Congress on privacy in an on-line environment and on management issues including proposed legislation for biennial budgets.
· H.R. 313, Consumer Internet Privacy Protection Act of 1999 . The bill provides that an interactive computer service shall not disclose to a third party any personally identifiable information provided by a subscriber to such service without the subscriber's prior written consent.
· H.R. 367, Social Security On-Line Privacy Protection Act of 1999 . An interactive service shall not, by means of a reference service or otherwise, disclose to a third party an individual's Social Security account number, or personally identifiable information which is identifiable to an individual by means of the individual's Social Security number.
· H.R. 436, Government Waste, Fraud and Error Reduction Act of 1999 . This bill amends title 5 and title 31 of the United States Code and builds upon earlier debt-collection authorities to improve the collection of non-tax, delinquent debts owed the Federal Government. It also seeks to reduce waste, fraud and error in Federal benefit and credit programs. H.R. 436 is identical to H.R. 4857 which passed in the House by voice vote on October 14, 1998. It was received in the Senate the following day but was not approved by the Senate prior to the adjournment of the Senate sine die. H.R. 436 passed the Committee on Government Reform unanimously by voice vote on February 3, 1999. The bill passed the House 419-1 on February 24, 1999 and was sent to the Senate where it was referred to the Committee on Governmental Affairs.
· H.R 438, Wireless Communications and Public Safety Act of 1999 . This bill will solidify the 911 telephone number as the universal number for consumers to dial in emergency situations. It will also provide liability parity for wireless carriers providing 911 service. This bill was approved by voice vote in the House Commerce Committee on February 11, 1999 and was reported to the House. The bill was approved in House 415-2 on February 24, 1999 and was sent to the Senate where it was referred to the Committee on Commerce.
· H.R. 439, Paperwork Elimination Act of 1999 . This act provides for the acquisition and use of alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures. It is designed to minimize the burden of Federal paperwork demands on small business. The bill passed in the House by voice vote 413-0 on February 9, 1999 and was sent to the Senate where it was referred to the Committee on Governmental Affairs. According to the House Committee on Small Business press release on February 3, 1999, the Paperwork Elimination Act of 1999 goes further than the measure (Title XVII) attached to the FY 1999 Omnibus Appropriations bill by requiring the Federal Government to communicate electronically with those people who choose electronic submission, rather than relying on the longer term schedule provided by Title XVII. Also, please see the Government Paperwork Elimination Act under 105th Congress Legislation, above.
· H.R. 514, Wireless Privacy Enhancement Act of 1999 . This is a bill to amend the Communications Act of 1934 to strengthen and clarify prohibitions on electronic eavesdropping. Its provisions will make it more difficult to alter scanners for illegal purposes. The bill passed 403-3 on February 25, 1999 and was sent to the Senate where it was referred to the Committee on Commerce.
· S.__, On-Line Privacy Protection Act of 1999 . Senator Conrad Burns released a draft of his on-line privacy bill on February 12, 1999. The draft bill is loosely based on the Children's On-Line Privacy Act which was enacted with the FY 1999 Omnibus Appropriations bill. The Children's On-Line Privacy Act has been challenged in the courts. Senator Burns' draft privacy bill can be accessed at http://burns.senate.gov and clicking on the "Telecomm" link and clicking on "here".
· S.59, Regulatory Right To Know Act of 1999 . Senator Fred Thompson said on January 19, 1999, in introducing the bill, "our goals are to promote the public's right to know about the benefits and costs of regulatory programs; to increase the accountability of government to the people it serves and ultimately, to improve the quality of our regulatory programs." The bill will make regulatory accounting a permanent statutory requirement.
· H.R.__, To Establish an Office of Management in the Executive office of the President . The Government Management, Information and Technology Subcommittee of the House Government Reform Committee held a hearing on the draft bill on February 4, 1999. The bill provides for two teams of advisors for the President, one for budgetary issues and one for management. After consideration of comments received at the hearing, the next step will be introduction of the bill in the committee. A summary report of the February 4, 1999 hearing is at http://www.itpolicy.gsa.gov/mks/regs-leg/reglegtc.htm .
· S.92, Biennial Budgeting and Appropriations Act . This is a bill to convert the budget and appropriations process to a two-year cycle and to enhance oversight of Federal programs. In introducing the bill on January 19, 1999, Senator Pete Dominici said "our most recent experience with the Omnibus Consolidated and Emergency Supplemental Appropriations Act shows the need for a biennial appropriations and budget process." He said "that 4,000 paged bill contained 8 of the regular appropriations bills, $9 billion in revenue provisions, $21.4 billion in 'emergency' spending and 40 miscellaneous funding and authorization provisions."
· S.93, Budget Enforcement Act of 1999 . This bill, which was introduced by Senator Dominici on January 19, 1999, requires the President to submit a two-year budget at the beginning of the first session of a Congress. The President's budget would cover each year in the biennium and planning levels for the four out-years. It converts the 'Mid-session Review' into a 'Mid-biennium Review'. The President would submit his 'Mid-biennium Review' at the beginning of the second session of a Congress. The bill makes budgeting and appropriating the priority for the first session of a Congress. It would devote the second session of a Congress to consideration of biennial authorization bills and oversight of Federal programs. The bill modifies the Government Performance and Results Act of 1993 to incorporate the government performance planning and reporting process into the two-year budget cycle to enhance oversight of Federal programs. The Senate Committees on Budget and Governmental Affairs held a joint hearing on S.92 and S.93 on January 27, 1999.
· H.R. 493, Biennial Budgeting and Appropriations Act . This bill was introduced in the House on February 2, 1999 as a companion bill to S.92, Biennial Budgeting and Appropriations Act, that was introduced in the Senate on January 19, 1999 by Senator Dominici.
LIKELY HIGH PRIORITIES IN THE 106TH CONGRESS
The following is a brief review of likely high priority topics in the 106th Congress.
· Y2K Oversight Hearings . Federal agencies have been tasked to have all mission critical programs Y2K compliant by March 31, 1999. An update status review will be made by each agency and sent to the Presidents Y2K Council who will prepare and submit a combined report to the Congress. All levels of Government and the Congress have a keen interest in this report. The percent of completion at individual agencies will, of course, have a major bearing on the frequency of follow-up hearings by Congressional oversight committees. Additional items of continuing interest and concern are the extent that Federal counterpart programs at the state level have been tested and are Y2K compliant, the extent that agency supply chain companies are Y2K compliant and progress by the telecommunications industry in assuring telecommunications networks are Y2K compliant. Testing of telecommunications networks is especially difficult because the 24 hour-a-day operation of the networks precludes live Y2K testing. The Senate Special Committee on the Year 2000 Technology Problem held a hearing on July 31, 1998 on Telecommunications and Y2K: Communicating the Challenge of the Year 2000. A summary report of the hearing is at http://www.itpolicy.gsa.gov/mks/regs-leg/reglegtc.htm .
· Critical Infrastructure Protection Oversight Hearings . Critical infrastructure protection has been emerging in importance for several years. The President's Commission on Critical Infrastructure Protection (PCCIP) completed its final report in October 1997. The President signed Presidential Decision Directives 62 and 63 on May 22, 1998: Combating Terrorism and Protecting America's Critical Infrastructures. These directives, the PCCIP final report and other related information can be accessed at http://www.ciao.gov. This is the Web site for the Critical Infrastructure Assurance Office (CIAO), which was established by PDD 63. The 105th Congress held a number of hearings on protecting our infrastructure from cyber attacks and attacks by weapons of mass destruction. A summary report of the hearing on June 24, 1998 by the Senate Governmental Affairs Committee on Cyber Attack: Is the Nation at Risk is available at http://www.itpolicy.gsa.gov/mks/regs-leg/reglegtc.htm . The 106th Congress will likely hold hearings on critical infrastructure protection topics.
· P.L. 103-162, Government Performance and Results Act (GPRA) of 1993 . Section 3, Strategic Plans, of GPRA requires each agency to submit a strategic plan to the Director, Office of Management and Budget (OMB) and the Congress that contains general goals and objectives , including outcome-related goals and objectives for the major functions and operations of the agency and a description of how the goals and objectives are to be achieved. Section 3 requires that strategic plans shall be updated and revised at least every three years. Initial strategic plans were submitted in September 1997. Section 4 of GPRA requires each agency to submit annual performance plans to OMB and Congress beginning with fiscal year 1999. The first annual performance plans were submitted to the Congress in February 1998. Section 4 also requires the submission of program performance reports annually that set forth the performance indicators established in agency performance plans along with the actual program performance achieved compared with the performance goals expressed in the plan for that fiscal year. The first program performance reports are to be submitted to the President and the Congress no later than March 31, 2000. The Congress had a number of concerns about the initial strategic plans that were submitted in September 1997 and the initial performance plans submitted in February 1998. The 106th Congress will likely hold hearings on topics related to agency strategic plans, performance plans and the projected performance reports. A Web site devoted to performance measure information can be accessed at http://www.itpolicy.gsa.gov/mkm/pathways/pathways.htm .
· Privacy legislation . As noted above, under 106th Congress Proposed Legislation, a number of proposed bills on privacy have been introduced already. A key driver for this proposed legislation is the growth dynamics of the Internet. Privacy will likely continue as a high priority during the 106th Congress. A significant factor to be resolved is the extent that the Internet market place will be self-regulating on privacy issues and the extent that Federal regulation will be needed. This was one of the primary topics in the July 21, 1998 hearing on Electronic Commerce: Privacy in Cyberspace that was held by the House Commerce Subcommittee on Telecommunications, Trade and Consumer Protection. A summary report of that hearing can be accessed at http://www.itpolicy.gsa.gov/mks/regs-leg/reglegtc.htm .
· Encryption . A number of bills were introduced in the 105th Congress to allow export of strong encryption, precision greater than 56 bits. Industry was in favor of passing the legislation. The administration opposed the legislation on grounds of security. None of the bills passed. Some members of Congress have announced their intention to introduce new legislation in the 106th Congress for export of strong encryption. Hearings on encryption by the 106th Congress are likely.
· P.L. 104-104, Telecommunications Act of 1996 . The third anniversary of signing into law of the Telecommunications Act of 1996 was February 10, 1999. Some members of Congress have expressed dissatisfaction with the slow progress in obtaining competition at the local service level. To date, none of the regional Bell telephone company applications to enter the long distance market have been approved by the Federal Communications Commission (FCC). Also, regional Bell telephone companies had challenged in the courts the authority of the FCC to set pricing guidelines to connect to local telephone company networks. The Supreme Court recently upheld the authority of the FCC to establish the pricing guidelines, and the Supreme Court recently lifted a court order that had limited the FCC's authority over local Bell telephone company efforts to provide long distance service. A very significant development with the potential to affect competition at the local service level was the recent approval, 5-0, by the FCC of the merger between ATT and Tele-Communications Inc. It is likely the 106th Congress will hold hearings on the status of competition under the Telecommunications Act of 1996. The first hearing was held on February 25, 1999 by the Senate Judiciary Antitrust, Business Rights and Competition Subcommittee.
· Division E, P.L. 104-106, Information Technology Management Reform Act of 1996 (ITMRA) . February 10, 1999 was the third anniversary of ITMRA. Oversight hearings of ITMRA implementation were planned by the 105th Congress but were postponed. It is probable oversight hearings of ITMRA implementation will be scheduled by the 106th Congress after January 1, 2000.
For further information or if there are any questions, please contact John Ray at (202) 501-3473 or john.ray@gsa.gov .