NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA
Filing
52
MOTION for Summary Judgment as to Liability by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Declaration Declaration of Jonathan Taylor, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Declaration Declaration of Thomas Lee and Michael Lissner, #16 Statement of Facts Plaintiffs' Statement of Undisputed Material Facts)(Gupta, Deepak)
Case 1:16-cv-00745-ESH Document 52-5 Filed 08/28/17 Page 1 of 6
EXHIBIT D
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Calendar No. 439
107TH CONGRESS
"
2d Session
!
SENATE
REPORT
107–174
E-GOVERNMENT ACT OF 2001
R E P O R T
OF THE
COMMITTEE ON GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 803
TO ENHANCE THE MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES AND PROCESSES BY ESTABLISHING A FEDERAL CHIEF INFORMATION OFFICER 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
JUNE 24, 2002.—Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
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WASHINGTON
99–010
Case 1:16-cv-00745-ESH Document 52-5 Filed 08/28/17 Page 3 of 6
COMMITTEE ON GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan
FRED THOMPSON, Tennessee
DANIEL K. AKAKA, Hawaii
TED STEVENS, Alaska
RICHARD J. DURBIN, Illinois
SUSAN M. COLLINS, Maine
ROBERT G. TORRICELLI, New Jersey
GEORGE V. VOINOVICH, Ohio
MAX CLELAND, Georgia,
THAD COCHRAN, Mississippi
THOMAS R. CARPER, Delaware
ROBERT F. BENNETT, Utah
JEAN CARNAHAN, Missouri
JIM BUNNING, Kentucky
MARK DAYTON, Minnesota
PETER G. FITZGERALD, Illinois
JOYCE A. RECHTSCHAFFEN, Staff Director and Counsel
KEVIN J. LANDY, Counsel
RICHARD A. HERTLING, Minority Staff Director
ELLEN B. BROWN, Minority Senior Counsel
MORGAN P. MUCHNICK, Minority Professional Staff Member
DARLA D. CASSELL, Chief Clerk
(II)
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Case 1:16-cv-00745-ESH Document 52-5 Filed 08/28/17 Page 4 of 6
Calendar No. 439
107TH CONGRESS
"
2d Session
!
SENATE
REPORT
107–174
E-GOVERNMENT ACT OF 2001
JUNE 24, 2002.—Ordered to be printed
Mr. LIEBERMAN, from the Committee on Governmental Affairs,
submitted the following
R E P O R T
[To accompany S. 803]
The Committee on Governmental Affairs, to whom was referred
the bill (S. 803) to enhance the management and promotion of electronic Government services and processes by establishing a Federal
Chief Information Officer 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, reports favorably thereon with an amendment and an
amendment to the title and recommends that the bill as amended
do pass.
CONTENTS
I.
II.
III.
IV.
V.
VI.
VII.
Purpose and Summary ..................................................................................
Background and Need for Legislation ..........................................................
Legislative History .........................................................................................
Section-by-Section Analysis ..........................................................................
Regulatory Impact .........................................................................................
CBO Cost Estimate ........................................................................................
Changes to Existing Law ..............................................................................
I. PURPOSE
AND
Page
1
4
9
14
36
36
38
SUMMARY
S. 803 is a bipartisan bill to enhance the management and promotion of electronic government services and processes. The bill establishes an Office of Electronic Government within the Office of
Management and Budget (OMB); it also establishes a broad framework of measures that require using Internet applications and
other information technologies to enhance access to Government information and services and to boost the effectiveness and efficiency
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nature compatibility, or for other purposes consistent with the section.
The term electronic signatures is defined in the Government Paperwork Elimination Act as ‘‘a method of signing a message that—
(A) identifies and authenticates a particular person as the source
of the electronic message; and (B) indicates such person’s approval
of the information contained in the electronic message.’’ (Public
Law 105–277, Section 1710) A digital signature is one type of electronic signature, often involving the use of trusted third parties.
The federal bridge certification authority has recently begun limited operations. The federal bridge certification authority can be a
unifying element to link otherwise unconnected agency certification
authorities.
Section 204. Federal Internet portal
This section authorizes the development of an integrated Internet-based system, a Federal Internet portal, to provide the public
with consolidated access to government information and services
from a single point, organized according to function, topic and the
needs of the public rather than agency jurisdiction. Increasingly,
the Federal portal should be able to include access to information
and services provided by state, local and tribal governments. The
portal will continue to improve upon FirstGov.gov, which is administered by the General Services Administration. The Administrator
of the Office of Electronic Government will assist the Director by
overseeing the work of the General Services Administration and
other agencies in maintaining, improving, and promoting the portal. The bill authorizes $15,000,000 to be appropriated in fiscal
year 2003 for the maintenance, improvement, and promotion of the
portal, and such sums as are necessary for the subsequent four
years.
The Committee intends that access to information on a portal
web site be consistent with existing laws and policies on privacy.
Portal web sites maintained by Federal agencies should only allow
access to information on individuals if such access fully complies
with privacy protections under existing law and policy.
Section 205. Federal courts
Section 205 requires federal courts to provide greater access to
judicial information over the Internet. Greater access to judicial information enhances opportunities for the public to become educated
about their legal system and to research case-law, and it improves
access to the court system. The mandates contained in section 205
are not absolute, however. Any court is authorized to defer compliance with the requirements of this section, and the Judicial Conference of the United States is authorized to promulgate rules to
protect privacy and security concerns.
Subsections 205(a) through (c) require the Supreme Court, each
circuit court, each district court, and each bankruptcy court of a
district to establish a website that would include public information
such as location and contact information for courthouses, local
rules and standing orders of the court, docket information for each
case, and access to written opinions issued by the court, in a text
searchable format. Documents filed electronically, and those converted to electronic form, shall also be made available, except that
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documents not otherwise available to the public shall not be made
available online. Under subsection 205(c)(3), the Judicial Conference of the United States may promulgate rules to protect important privacy and security concerns.
Under subsection 205(f), courts are required to establish websites
within two years, and to establish access to electronically filed documents within four years. Subsection 205(g) authorizes any court
or district to defer compliance with any requirement of section 205
by submitting a notification to the Administrative Office of the
United States Courts stating the reasons for the deferral and the
alternative methods the court is using to provide greater public access to court information. Every year, the Administrative Office
will submit to Congress a report that summarizes and evaluates all
notifications it has received in the previous year. The Committee
does not intend that the deferral provision will allow courts to
avoid their obligations under this section indefinitely. Rather, the
Committee recognizes that some courts may have a difficult time
meeting the prescribed deadlines, and intends to provide flexibility
for courts with different circumstances.
Subsection 205(d) directs the Judicial Conference of the United
States to explore the feasibility of technology to post online dockets
with links allowing all filings, decisions, and rulings in a given case
to be obtained from the docket sheet of that case.
Subsection 205(e) amends existing law regarding the fees that
the Judicial Conference prescribes for access to electronic information. In the Judiciary Appropriations Act of 1992, Congress provided that ‘‘[t]he Judicial Conference shall hereafter prescribe reasonable fees * * * for collection by the courts * * * for access to
information available through automatic data processing equipment.’’ Subsection 205(e) amends this sentence to read, ‘‘[t]he judicial conference may, only to the extent necessary, prescribe reasonable fees * * * for collection by the courts * * * for access to information available through automatic data processing equipment.’’
The Committee intends to encourage the Judicial Conference to
move from a fee structure in which electronic docketing systems
are supported primarily by user fees to a fee structure in which
this information is freely available to the greatest extent possible.
For example, the Administrative Office of the United States Courts
operates an electronic public access service, known as PACER, that
allows users to obtain case and docket information from Federal
Appellate, District and Bankruptcy courts, and from the U.S.
Party/Case Index. Pursuant to existing law, users of PACER are
charged fees that are higher than the marginal cost of disseminating the information.
Section 206. Regulatory agencies
Electronic Government holds particular promise in the area of
enhancing public participation in administrative regulatory processes. Regulatory agencies vary widely in the degree to which they
use information technology to disseminate information about regulations, inform the public of opportunities to participate, and facilitate the receipt of public comments.32 Section 206 will improve per32 See ‘‘Federal Rulemaking: Agencies’ Use of Information Technology to Facilitate Public Participation,’’ General Accounting Office, B–284527, June 30, 2000.
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