I 112th CONGRESS 1st Session H. R. 1261 IN THE HOUSE OF REPRESENTATIVES March 30, 2011 Mr. Connolly of Virginia (for himself, Mr. Moran, and Mrs. Maloney) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish an Office of the Federal Chief Technology Officer in the executive office of the President, and for other purposes.

1.

Short title

This Act may be cited as the Chief Technology Officer Act.

2.

Office of the Chief Technology Officer

(a)

Establishment and staff

(1)

Establishment

(A)

In general

There is established in the Executive Office of the President an Office of the Federal Chief Technology Officer (in this Act referred to as the Office). (B)

Head of the Office

(i)

Federal Chief Technology Officer

The President shall appoint a Federal Chief Technology Officer (in this Act referred to as the Federal CTO) who shall be the head of the Office. (ii)

Compensation

Section 5313 of title 5, United States Code, is amended by adding at the end the following: Federal Chief Technology Officer. . (2)

Staff of the Office

The President may appoint additional staff members to the Office. (b)

Duties of the office

The functions of the Federal CTO are the following: (1)Undertake fact-gathering, analysis, and assessment of the Federal Government’s information technology infrastructures, information technology strategy, and use of information technology, and provide advice on such matters to the President, heads of Federal departments and agencies, and government chief information officers and chief technology officers. (2)Work to ensure the security and privacy of the Federal information technology infrastructure and networks, coordinating closely with other Federal departments and agencies having responsibilities regarding security and privacy of the infrastructure and networks. (3)Lead an interagency effort, working with the chief technology and chief information officers of each of the Federal departments and agencies, to develop and implement a planning process to ensure that they use best-in-class technologies, share best practices, and improve the use of technology in support of Federal Government requirements. (4)Provide, within the Executive Office of the President, advice on the engineering, technical and implementation aspects of information technology and information technology infrastructure issues that require attention at the highest levels of government. (5)Evaluate the scale, quality, and effectiveness of the Federal effort in the use of information technology, and advise on appropriate actions. (6)Advise the President on information technology considerations with regard to Federal budgets. (7)Assist the President in providing general leadership and coordination of the research and development programs of the Federal Government for information technology-related matters. (8)Promote technological innovation in the Federal Government, and encourage and oversee the adoption of robust cross-governmental architectures and standards-based information technologies, in support of effective operational and management policies, practices, and services across Federal departments and agencies and with the public and external entities. (9)Establish cooperative public-private sector partnership initiatives to gain knowledge of technologies available in the marketplace that can be used to improve governmental operations, citizen services, and the safety, security, and privacy of information collected, maintained, processed, and communicated by the Federal Government. (10)Establish public-private sector partnership initiatives to gain knowledge of information technology research activities underway and planned by Federal departments and agencies and in the private sector that can improve the use of information technologies by the Federal Government. (11)Sponsor, initiate, and support research and demonstration projects in partnership with private sector industry and academic institutions to leverage private sector expertise and innovation in order to enhance existing technologies or identify breakthrough innovations that can improve the Federal Government’s use of technology. (12)Lead an interagency effort, working with the chief technology and chief information officers of each of the Federal departments and agencies, to promote the use of best-in-class technologies, share best practices, and establish an information technology plan for the Federal Government that improves the effectiveness, efficiency, security, and privacy of the Federal Government’s information infrastructure and information technology-based services. (13)Any other functions and activities that the President may assign to the Federal CTO. (c)

Policy Planning; Analysis and Advice

The Office shall serve as a source of analysis and advice for the President and heads of Federal departments and agencies with respect to major policies, plans, and programs of the Federal Government associated with information technology. In carrying out this section, the Federal CTO shall— (1)define coherent and systematic approaches for applying the use of information technology to critical and emerging Federal Government information management problems, and promote coordination of the responsibilities and programs of Federal departments and agencies in the resolution of the problems; (2)gather timely and authoritative information concerning significant developments and trends in information technology, and in national priorities, both current and prospective, and analyze and interpret the information for the purpose of determining whether the developments and trends are likely to affect achievement of the priority goals of the Federal Government; (3)encourage the development and maintenance of an adequate knowledge base for human resources in information technology, including the development of appropriate models to forecast future workforce requirements, and assess the effects of major governmental and public programs on human resources and their utilization; (4)initiate studies and analyses, including systems analyses and technology assessments, of alternatives available for the resolution of critical and emerging information technology infrastructure problems and, insofar as possible, determine and compare probable costs, benefits, and impacts of the alternatives; (5)assess the impact of information technology and networked information technology systems and applications on cybersecurity and personal privacy, utilizing Presidential and departmental advisory committees and agencies, such as the Privacy and Civil Liberties Oversight Board, the Information Security and Privacy Advisory Board managed under the National Institute of Standards and Technology, the Department of Homeland Security Data Privacy and Integrity Advisory Board, and the National Infrastructure Advisory Committee, and advise the President on steps necessary to mitigate and manage security and privacy risks; (6)advise the President on the extent to which the information technology programs, policies, and operations activities of the Federal Government are likely to affect the achievement of the priority goals of the Government; (7)provide the President with periodic reviews of Federal statutes and administrative regulations of the various Federal departments and agencies which affect research and development activities, internally and in relation to the private sector, or which may interfere with desirable technological innovation, together with recommendations for elimination, reform, or updating, as appropriate of the statutes and regulations; (8)establish public-private partnerships to coordinate Federal Government’s information technology research agenda with private sector research and development initiatives and provide guidance to research-funding agencies; (9)develop, review, revise, and recommend criteria for determining information technology activities warranting Federal support, and recommend Federal policies designed to advance the development and maintenance of effective and efficient information technology capabilities, including human resources, at all levels of government, academia, and industry, and the effective application of the capabilities to national needs; (10)assess, and advise, on policies for international cooperation in information technology which will advance the national and international objectives of the United States; (11)identify and assess areas in which information technology can be used effectively in addressing national and international problems; and (12)perform such other duties and functions and make and furnish such studies, reports, and recommendations as the President may request. (d)

Operations

(1)

Powers

To carry out the duties described in subsections (b) and (c), the Federal CTO may do the following: (A)

Hearings

Hold public hearings on any relevant topic. (B)

Conduct Studies

Conduct a study on any relevant topic. (C)

Advisory Panels

Establish advisory panels composed of individuals appointed by the Federal CTO for such terms as the Federal CTO determines appropriate. (D)

Grants and Fellowships

Award grants and fellowships. (E)

Mails

Use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (F)

Contract authority

To the extent or in the amounts provided in advance in appropriations Acts, enter into contracts with and compensate a government or private agency or person for the conduct of activities under this section. (G)

Authority to Accept Voluntary services

(i)Notwithstanding section 1342 of title 31, United States Code, accept the service of a volunteer. (ii)Reimburse a volunteer for expenses or office supplies and local travel, and for travel expenses, including per diem in lieu of subsistence, incurred in performing services for the Office. (H)

Temporary and intermittent services

Obtain temporary and intermittent services in the same manner as an agency under section 3109(b) of title 5, United States Code. (2)

Volunteer deemed a Federal Employee

While performing services for the Office, a volunteer is deemed an employee of the Federal Government for the purposes of the following: (A)Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (B)Chapter 11 of title 18, United States Code, relating to conflicts of interest. (C)Chapter 171 of title 28, United States Code, relating to tort claims. (3)

Travel Expenses

The Federal CTO may receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e)

Coordination of the Office with other entities

(1)

Federal CTO to be on Domestic Policy Council

The Federal CTO shall be a member of the Domestic Policy Council. (2)

Obtain information from agencies

The Office may secure, directly from any department or agency of the United States, information necessary to enable the Federal CTO to carry out this Act. On request of the Federal CTO, the head of the department or agency shall furnish the information to the Office, subject to any applicable limitations of Federal law. (3)

Staff of Federal Agencies

On request of the Federal CTO, to assist the Office in carrying out the duties of the Office, the head of any Federal department or agency may detail personnel, services, or facilities of the department or agency to the Office. (4)

Collaboration with Bureau of Labor Statistics

The Federal CTO shall work with the Bureau of Labor Statistics to develop mechanisms for tracking the effect of technological innovations on job creation. (5)

Collaboration with Office of Management and Budget

The Federal CTO shall— (A)assist the Office of Management and Budget with an annual review and analysis of funding proposed for research and development in the budgets of all Federal departments and agencies; and (B)on a reimbursable basis, assist the Office of Management and Budget and Federal departments and agencies throughout the budget development process. (f)

Annual Report

(1)

Publication and Contents

The Federal CTO shall publish, in the Federal Register and on a public Internet Web site of the Federal CTO, an annual report that includes the following: (A)Information on programs to promote the development of technological innovations. (B)Recommendations for the adoption of policies to encourage the generation of technological innovations. (C)Information on the activities and accomplishments of the Office in the year covered by the report. (2)

Submission

The Federal CTO shall submit each report under paragraph (1) to— (A)the President; (B)the Committee on Oversight and Government Reform of the House of Representatives; (C)the Committee on Science and Technology of the House of Representatives; and (D)the Committee on Commerce, Science, and Transportation of the Senate.