[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 4670 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4670

   To establish an Office of Information Technology in the Executive 
                        Office of the President.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2000

  Mr. Turner introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
   To establish an Office of Information Technology in the Executive 
                        Office of the President.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Chief Information Officer of the 
United States Act of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Congress finds the following:
            (1) Information technology is rapidly transforming social 
        relations, political processes, and the economies of the United 
        States and countries around the world.
            (2) The Federal Government is not taking full advantage of 
        the opportunities provided by information technology to more 
        efficiently and effectively perform Governmental functions, 
        including more timely and effective delivery of services to the 
        public and more cost-effective Government operations.
            (3) Federal agencies are not complying with existing 
        statutory requirements to improve the management of information 
        technology and related information resources, including 
        establishing information technology investment control 
        processes, providing adequate protections for personal privacy 
        and information security, systematically managing records 
        maintained in electronic formats, and developing effective 
        tools for delivering services to the public through the 
        Internet.
            (4) New leadership at the highest levels of the Federal 
        Government is required to improve significantly agency 
        development, application, and management of information 
        technology and related information resources, and to enhance 
        the ability of the Office of Management and Budget to oversee 
        agency information resources management under chapter 35 of 
        title 44, United States Code.
            (5) The rapidly expanding use of the Internet as a means 
        for providing services to the public calls for a Federal 
        Government-wide effort to bridge the digital divide and bring 
        the promise of the Information Age to all members of the 
        public, while maintaining the security and privacy required by 
        laws such as the Government Paperwork Elimination Act (title 
        XVII of Pub. Law 105-277; 112 Stat. 2681-749) and the 
        provisions enacted by the Computer Security Act of 1987 (Pub. 
        Law 100-235; 101 Stat. 1724).
            (6) The information technology available to the Federal 
        Government to provide services to the public calls for new 
        approaches across agencies to provide consolidated points of 
        public access to those services.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To establish a central focal point to provide effective 
        leadership for efforts by the Federal Government to use 
        information technology to more efficiently and effectively 
        perform governmental functions.
            (2) To provide a mechanism for improved coordination among 
        Federal agencies for the development, application, and 
        management of information technology and related information 
        resources by the Federal Government.
            (3) To create opportunities for innovation in the 
        development, application, and management of information 
        technology and related information resources by the Federal 
        Government.

SEC. 3. OFFICE OF INFORMATION TECHNOLOGY.

    (a) Establishment.--There is established in the Executive Office of 
the President an Office of Information Technology (hereinafter in this 
Act referred to as the ``Office''). The purpose of the Office shall be 
to serve as a source of technical, policy, and management analysis, 
leadership, and advice for the President and agencies with respect to 
the development, application, and management of information technology 
by the Federal Government.
    (b) Chief Information Officer of the United States.--
            (1) Head of office.--There shall be at the head of the 
        Office a Chief Information Officer of the United States 
        (hereinafter in this Act referred to as the ``Chief Information 
        Officer''), who shall serve as a special assistant to, and 
        report directly to, the President. The Chief Information 
        Officer shall be appointed by the President, by and with the 
        advice and consent of the Senate, from among persons who have 
        demonstrated through practical experience in the public or 
        private sectors knowledge, skills, and leadership abilities in 
        the management and innovative use of information technology 
        necessary for the performance of the functions required under 
        this Act.
            (2) Functions.--The Chief Information Officer shall, to the 
        extent that the President determines appropriate and in the 
        interest of the United States--
                    (A) be the principal adviser to the President on 
                matters relating to the development, application, and 
                management of information technology by the Federal 
                Government; and
                    (B) in addition to such other functions and 
                activities as the President may assign--
                            (i) advise the President on opportunities 
                        to use information technology to improve the 
                        efficiency and effectiveness of programs and 
                        operations of the Federal Government;
                            (ii) review and recommend to the President 
                        and the Director of the Office of Management 
                        and Budget changes to the budget and 
                        legislative proposals of agencies to ensure 
                        more efficient and effective use of information 
                        technology to serve agency missions, including 
                        enhanced service delivery to the public;
                            (iii) provide leadership in innovative uses 
                        of information technology by agencies through 
                        support of experimentation, testing, and 
                        adoption of innovative concepts and 
                        technologies, particularly with regard to 
                        multi-agency initiatives;
                            (iv) identify opportunities, and coordinate 
                        major multi-agency information technology 
                        initiatives, to improve communication and data 
                        exchange among all levels of government and 
                        with the public, including by providing 
                        consolidated points of public access to 
                        government services;
                            (v) promote agency investments in 
                        information technology that enhance service 
                        delivery to the public, improve cost-effective 
                        government operations, and serve such other 
                        objectives determined to be critical by the 
                        President;
                            (vi) advise the Director of the Office of 
                        Management and Budget to ensure effective 
                        implementation of the functions and 
                        responsibilities assigned under chapter 35 of 
                        title 44, United States Code;
                            (vii) serve as the chairperson of the Chief 
                        Information Officers Council established under 
                        section 4;
                            (viii) direct, at his discretion, the use 
                        by the Administrator of General Services of 
                        available budget authority in the Information 
                        Technology Fund established by section 110 of 
                        the Federal Property and Administrative 
                        Services Act of 1949 (40 U.S.C. 757);
                            (ix) consult with the heads of agencies 
                        that operate national security systems to 
                        ensure effective communication among all 
                        agencies concerning experiences in best 
                        practices in the development, application, and 
                        management of information technology; and
                            (x) consult with leaders in information 
                        technology management in State governments 
                        (including the National Association of State 
                        Information Resources Executives), the private 
                        sector, and foreign governments to increase 
                        understanding of, and collaboration on, best 
                        practices and innovative approaches for the 
                        development, application, and management of 
                        information technology.
            (3) Annual report.--The Chief Information Officer shall 
        submit an annual report to the President and Congress 
        describing--
                    (A) efforts undertaken by the Chief Information 
                Officer to improve the development, application, and 
                management of information technology, including--
                            (i) the results of major information 
                        technology initiatives, including those funded 
                        by the Information Technology Fund; and
                            (ii) recommendations to improve Federal 
                        policies and practices with regard to the 
                        development, application, and management of 
                        information technology; and
                    (B) the results of major activities undertaken by 
                the Chief Information Officers Council to carry out the 
                functions described in section 4.
            (4) Compensation.--Section 5312 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Chief Information Officer of the United States.''
    (c) Employees.--The Chief Information Officer shall appoint the 
employees of the Office, but the Office shall have no more than twelve 
employees.

SEC. 4. CHIEF INFORMATION OFFICERS COUNCIL.

    (a) Establishment.--There is established in the executive branch a 
Chief Information Officers Council (hereinafter in this Act referred to 
as the ``Council'').
    (b) Membership.--The members of the Chief Information Officers 
Council shall be as follows:
            (1) The chief information officer of each agency that is 
        described in section 901(b) of title 31, United States Code.
            (2) The chief information officer of any agency designated 
        by the Chief Information Officer.
            (3) The Administrator of the Office of Information and 
        Regulatory Affairs in the Office of Management and Budget.
            (4) Any other officers or employees of the United States 
        designated by the Chief Information Officer.
    (c) Administrative Provisions.--
            (1) Chairman.--The Chief Information Officer shall be the 
        Chairman of the Council.
            (2) Deputy chairman.--
                    (A) The Deputy Chairman of the Council shall be 
                selected by the Council from among its members.
                    (B) The Deputy Chairman shall serve a one-year 
                term, and may serve multiple terms.
            (3) Support.--The Administrator of General Services shall 
        provide administrative and other support for the Council, 
        including resources provided through the Information Technology 
        Fund established by section 110 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 757).
    (d) Functions.--The Council shall--
            (1) assist and advise in the development and implementation 
        of Federal policies and practices with regard to agency 
development, application, and management of information technology;
            (2) assist and advise the Chief Information Officer and the 
        Director of the Office of Management and Budget in developing 
        and maintaining the Government-wide strategic information 
        resources management plan required by section 3506 of title 44, 
        United States Code;
            (3) assist and advise the Chief Information Officer in the 
        selection and coordination of--
                    (A) multi-agency initiatives to improve the 
                performance of agency missions through the use of 
                information technology; and
                    (B) pilot projects to test alternative approaches 
                for agencies to plan for, acquire, and manage 
                information technology;
            (4) coordinate and monitor the development and use of 
        common performance measures for agency information resources 
        management activities;
            (5) coordinate the acquisition and provision of common 
        infrastructure services to facilitate communication and data 
        exchange among agencies and with State, local, and tribal 
        governments;
            (6) review and make recommendations to address the hiring, 
        training, classification, and professional development needs of 
        agencies with regard to the development, application, and 
        management of information technology;
            (7) review and make recommendations with regard to 
        information technology standards, including those developed 
        under section 20 of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278g-3) and section 5131 of the 
        Clinger-Cohen Act of 1996 (40 U.S.C. 1441);
            (8) consult with appropriate individuals and organizations 
        at all levels of government and the private sector to enhance 
        understanding of opportunities to improve the development, 
        application, and management of information technology to serve 
        public needs; and
            (9) consult with appropriate agencies to facilitate 
        effective participation by the Federal Government in 
        international information-related activities and organizations.

SEC. 5. NATIONAL SECURITY SYSTEMS.

    (a) Inapplicability of Act to National Security Systems.--This Act 
does not apply to national security systems, as that term is defined by 
section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
    (b) Requirements.--The head of an agency responsible for a national 
security system shall--
            (1) comply with the provisions of this Act with regard to 
        information technology other than such national security 
        system; and
            (2) consult with the Chief Information Officer to ensure 
        effective communication concerning best practices experiences 
        in the development, application, and management of information 
        technology.

SEC. 6. DEFINITIONS.

    The definitions in section 3502 of title 44, United States Code, 
shall apply with respect to this Act.

SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title 44, U.S.C.--(1) Section 3503(b) of title 44, United 
States Code, is amended in the second sentence by inserting before the 
period the following: ``, and shall coordinate all such functions with 
the Chief Information Officer of the United States''.
    (2) Section 3504(a)(2) of title 44, United States Code, is amended 
by inserting before the period the following: ``and in consultation 
with the Chief Information Officer of the United States''.
    (b) Federal Property and Administrative Services Act.--Section 
110(a) of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 757(a)), is amended by inserting at the end the following:
            ``(3) The Administrator's decisions with regard to 
        obligations of, and expenditures from, the Fund shall be 
        subject to direction by the Chief Information Officer of the 
        United States.''.

SEC. 8. FTS 2000 PROGRAM.

    The authority of the Chief Information Officer under this Act to 
direct the use by the Administrator of General Services of available 
budget authority in the Information Technology Fund established by 
section 110 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 757) is subject to the limitation provided under 
section 5124(b) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b)) 
with regard to the Administrator's management of the FTS 2000 program 
and any follow-on to the program.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, to 
remain available until expended, such sums as may be necessary for each 
of fiscal years 2001 through 2005.

SEC. 10. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is 60 days after the date of the enactment of this Act.
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