[Congressional Record Volume 164, Number 188 (Thursday, November 29, 2018)]
[House]
[Pages H9723-H9725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL CIO AUTHORIZATION ACT OF 2018

  Mr. COMER. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 6901) to amend chapter 36 of title 44, United States Code, to 
make certain changes relating to electronic Government services, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows

                               H.R. 6901

       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 ``Federal CIO Authorization 
     Act of 2018''.

     SEC. 2. CHANGES RELATING TO ELECTRONIC GOVERNMENT SERVICES.

       (a) Change of Certain Names in Chapter 36 of Title 44.--
       (1) Definitions.--Section 3601 of title 44, United States 
     Code, is amended--

[[Page H9724]]

       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively; and
       (C) in paragraph (4), as so redesignated, by striking ``E-
     Government Fund'' and inserting ``Federal IT Fund''.
       (2) Office of electronic government.--Section 3602 of title 
     44, United States Code, is amended--
       (A) in the heading, by striking ``office of electronic 
     government'' and inserting ``office of the federal chief 
     information officer'';
       (B) in subsection (a), by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (C) in subsection (b)--
       (i) by striking ``an Administrator'' and inserting ``a 
     Federal Chief Information Officer''; and
       (ii) by inserting before the period at the end the 
     following: ``and who shall report directly to the Director'';
       (D) in subsection (c), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (E) in subsection (d), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (F) in subsection (e), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (G) in subsection (f)--
       (i) in the matter preceding paragraph (1), by striking 
     ``the Administrator'' and inserting ``the Federal Chief 
     Information Officer'';
       (ii) in paragraph (5), by striking ``E-Government Fund'' 
     and inserting ``Federal IT Fund'';
       (iii) in paragraph (16), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''; and
       (iv) by adding at the end the following new paragraph:
       ``(18) Oversee the Federal Chief Information Security 
     Officer.''; and
       (H) in subsection (g), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''.
       (3) Chief information officers council.--Section 3603 of 
     title 44, United States Code, is amended--
       (A) in subsection (b)(2), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer'';
       (B) in subsection (c)(1), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer''; and
       (C) in subsection (f)--
       (i) in paragraph (3), by striking ``the Administrator'' and 
     inserting ``the Federal Chief Information Officer''; and
       (ii) in paragraph (5), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (4) E-Government fund.--Section 3604 of title 44, United 
     States Code, is amended--
       (A) in the heading, by striking ``e-government fund'' and 
     inserting ``federal it fund'';
       (B) in subsection (a)--
       (i) in paragraph (1), by striking ``E-Government Fund'' and 
     inserting ``Federal IT Fund''; and
       (ii) in paragraph (2), by striking ``the Administrator of 
     the Office of Electronic Government'' and inserting ``the 
     Federal Chief Information Officer'';
       (C) in subsection (b), by striking ``Administrator'' each 
     place it appears and inserting ``Federal Chief Information 
     Officer''; and
       (D) in subsection (c), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (5) Program to encourage innovative solutions to enhance 
     electronic government services and processes.--Section 3605 
     of title 44, United States Code, is amended--
       (A) in subsection (a), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``, the Administrator,'' 
     and inserting ``, the Federal Chief Information Officer,''; 
     and
       (C) in subsection (c)--
       (i) in paragraph (1)--

       (I) by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer''; and
       (II) by striking ``proposals submitted to the 
     Administrator'' and inserting ``proposals submitted to the 
     Federal Chief Information Officer'';

       (ii) in paragraph (2)(B), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''; and
       (iii) in paragraph (4)--

       (I) by striking ``the Administrator'' and inserting ``the 
     Federal Chief Information Officer''; and
       (II) by striking ``E-Government Fund'' and inserting 
     ``Federal IT Fund''.

       (6) E-Government report.--Section 3606 of title 44, United 
     States Code, is amended--
       (A) in the heading, by striking ``E-Government'' and 
     inserting ``Annual'' ; and
       (B) in subsection (a), by striking ``an E-Government status 
     report to the Committee on Governmental Affairs of the Senate 
     and the Committee on Government Reform of the House of 
     Representatives'' and inserting ``a report to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives''.
       (7) Treatment of incumbent.--The individual serving as the 
     Administrator of the Office of Electronic Government under 
     section 3602 of title 44, United States Code, as of the date 
     of the enactment of this Act, may continue to serve as the 
     Federal Chief Information Officer commencing as of that date, 
     without further appointment under such section.
       (8) References.--Any reference to the Administrator of the 
     Office of Electronic Government in any law, regulation, 
     document, record, or other paper of the United States shall 
     be deemed to be a reference to the Federal Chief Information 
     Officer.
       (9) Technical and conforming amendments.--
       (A) Table of sections for chapter 36 of title 44.--The 
     table of sections for chapter 36 of title 44, United States 
     Code, is amended--
       (i) by striking the item relating to section 3602 and 
     inserting the following new item:

``3602. Office of the Federal Chief Information Officer.'';

       (ii) by striking the item relating to section 3604 and 
     inserting the following new item:

``3604. Federal IT Fund.'';

     and
       (iii) in the item relating to section 3606, by striking 
     ``E-Government'' and inserting ``Annual''.
       (B) Presidential innovation fellows program advisory 
     board.--Section 3172(b)(3) of title 5, United States Code, is 
     amended by striking ``the Administrator of the Office of 
     Electronic Government of the Office of Management and 
     Budget'' and inserting ``the Federal Chief Information 
     Officer''.
       (C) Positions at level iii.--Section 5314 of title 5, 
     United States Code, is amended by striking ``Administrator of 
     the Office of Electronic Government'' and inserting ``Federal 
     Chief Information Officer''.
       (D) Table of sections for chapter 5 of title 31.--The table 
     of sections for chapter 5 of subtitle I of title 31, United 
     States Code, is amended by striking the item relating to 
     section 507 and inserting the following new item:

``507. Office of the Federal Chief Information Officer.''.

       (E) Office of electronic government.--Section 507 of title 
     31, United States Code, is amended--
       (i) in the heading, by striking ``office of electronic 
     government'' and inserting ``office of the federal chief 
     information officer''; and
       (ii) by striking ``The Office of Electronic Government'' 
     and inserting ``The Office of the Federal Chief Information 
     Officer''.
       (F) Program management improvement officers and program 
     management policy council.--Section 1126(b)(3)(A)(i)(II) of 
     title 31, United States Code, is amended by striking ``The 
     Administrator of the Office of Electronic Government'' and 
     inserting ``The Federal Chief Information Officer''.
       (G) Electronic government and information technologies.--
     Section 305 of title 40, United States Code, is amended by 
     striking ``the Administrator of the Office of Electronic 
     Government'' and inserting ``the Federal Chief Information 
     Officer''.
       (H) Capital planning and investment control.--Section 
     11302(c)(4) of title 40, United States Code, is amended by 
     striking ``the Administrator of the Office of Electronic 
     Government'' each place it appears and inserting ``the 
     Federal Chief Information Officer''.
       (I) Resources, planning, and portfolio management.--Section 
     11319(d) of title 40, United States Code, is amended by 
     striking ``Administrator of the Office of Electronic 
     Government'' each place it appears and inserting ``Federal 
     Chief Information Officer''.
       (J) E-Government act of 2002.--Section 207(f)(3)(C) of the 
     E-Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 
     note) is amended by striking ``the Administrator of the 
     Office of Electronic Government'' and inserting ``the Federal 
     Chief Information Officer''.
       (b) Establishment of Chief Information Security Officer and 
     Report on IT Expenditures.--
       (1) In general.--Chapter 36 of title 44, United States 
     Code, is further amended by adding at the end the following 
     new sections:

     ``Sec. 3607. Federal Chief Information Security Officer

       ``(a) Establishment.--There is established in the Office of 
     Management and Budget a Federal Chief Information Security 
     Officer, who shall--
       ``(1) be appointed by the President;
       ``(2) be within the Office of the Federal Chief Information 
     Officer; and
       ``(3) report directly to the Federal Chief Information 
     Officer.
       ``(b) Duties.--The Federal Chief Information Security 
     Officer shall--
       ``(1) direct the cybersecurity efforts of the Office of 
     Management and Budget;
       ``(2) carry out the duties of the Director related to the 
     security of information and information systems for agencies, 
     including the duties and responsibilities assigned to the 
     Director under subchapter II of chapter 35; and
       ``(3) carry out such other duties and powers assigned by 
     the President, the Director, or the Federal Chief Information 
     Officer.

     ``Sec. 3608. Technology investment planning and oversight 
       process

       ``(a) Report on Information Technology Expenditures.--The 
     head of each agency

[[Page H9725]]

     shall submit to the Federal Chief Information Officer a 
     report on any expenditure on information technology by that 
     agency.
       ``(b) Implementation.--The Director shall establish a 
     process to implement subsection (a), and may update such 
     process, as necessary, that shall--
       ``(1) use a widely accepted industry standard taxonomy with 
     common data elements and definitions; and
       ``(2) display, on a website accessible to the public, 
     timely, searchable, computer-readable data on the information 
     technology expenditures, projects, and programs of agencies, 
     if such information would otherwise be subject to public 
     disclosure under section 552 of title 5, commonly known as 
     the Freedom of Information Act.''.
       (2) Clerical amendment.--The table of sections for chapter 
     36 of title 44, United States Code, is further amended by 
     adding at the end the following new item:

``3607. Federal Chief Information Security Officer.
``3608. Technology investment planning and oversight process.''.

       (3) Deadline.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall establish the 
     process described in section 3608(b) of title 44, United 
     States Code, as added by paragraph (1).
       (4) Report to congress.--Not later than 120 days after the 
     date of the enactment of this Act, the Federal Chief 
     Information Officer shall submit to the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on the status of 
     establishing the process described in section 3608(b) of 
     title 44, United States Code, as added by paragraph (1).

     SEC. 3. PROPOSAL RELATED TO SHARED SERVICES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Federal Chief Information Officer shall submit 
     to Congress a proposal for consolidating information 
     technology across the Federal Government, especially among 
     Federal agencies not referred to under section 901(b) of 
     title 31, United States Code, and increasing the use of 
     shared services, including any recommendations for 
     legislative changes that may be necessary to effect the 
     proposal.

     SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to be appropriated to 
     carry out this Act and the amendments made by this Act. This 
     Act and the amendments made by this Act shall be carried out 
     using amounts otherwise authorized.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky (Mr. Comer) and the gentlewoman from New York (Mrs. Carolyn B. 
Maloney) each will control 20 minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. COMER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 6901, introduced by 
Congressman Will Hurd of Texas.
  The Federal CIO Authorization Act is a bipartisan measure to 
modernize legacy Federal technology policy.
  The Office of Electronic Government was established by the E-
Government Act of 2002. The head of this office is commonly referred to 
as the Federal Chief Information Officer, or Federal CIO.
  This bill authorizes and renames the Office of Electronic Government 
as the Office of the Federal CIO. Codifying the position of the Federal 
CIO emphasizes the importance of the role to the formation of 
government-wide technology policy.
  Under this bill, the Federal CIO will report to the Director of the 
Office of Management and Budget.
  The bill also codifies the position of Federal Chief Information 
Security Officer, under the direction of the Federal CIO.
  The bill promotes cost-efficient and secure technology use throughout 
the Federal Government.
  Mr. Speaker, I strongly urge my colleagues to support the bill, and I 
reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, the Federal CIO Authorization Act would make several 
commonsense changes to existing law.
  First, it would update the name of the Administrator for E-Government 
to the Federal Chief Information Officer and require that individual to 
report directly to the Director of the Office of Management and Budget.
  Second, it would establish the position of Federal Chief Information 
Security Officer, who would report to the Federal CIO and assist OMB in 
its cybersecurity efforts.
  Finally, the bill would require the Federal CIO to submit a proposal 
on consolidating IT across Federal agencies, especially smaller 
agencies, through the use of shared services.
  Mr. Speaker, I urge every Member in this Congress to support this 
bill, and I reserve the balance of my time.
  Mr. COMER. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Hurd), the sponsor of this bill.
  Mr. HURD. Mr. Speaker, it should come as no surprise to anyone in 
this Chamber that technology is integrated into every facet of our 
daily lives. We have come a long way since the bill that established 
the role of the Federal Chief Information Officer, the E-Government 
Act, when it was originally passed.
  Less than 50 percent of the U.S. population had access to the 
internet in 2001. Nearly every American now has access to the internet.
  Just 62 percent of Americans had cell phones when the original bill 
passed. Now 95 percent of Americans own cell phones and 77 percent own 
smartphones.
  Mobile apps were non-existent in 2002. Today, over 2.2 million apps 
are available to consumers.
  This bill recognizes how far technology has come. It codifies the 
position of the Federal CIO and elevates the office to report directly 
to the head of the Office of Management and Budget.
  This bill establishes the role of the Federal CISO, the Chief 
Information Security Officer, who reports to the CIO and leads OMB's 
cybersecurity efforts.
  Empowering CIOs at the Federal agencies is consistent with the 
principles of the Federal IT Acquisition Reform Act and the Federal CIO 
should not be treated differently.

                              {time}  1800

  $90 billion is spent on purchasing IT goods and services. Eighty 
percent of that is on old, outdated technology. We need a strong 
Federal CIO to make sure American taxpayer dollars are being spent 
wisely.
  Mr. Speaker, I want to thank my friends, my colleagues--Mark Meadows 
from North Carolina; Gerry Connolly from Virginia; my partner in crime 
on the Information Technology Subcommittee, my good friend, Robin Kelly 
from Illinois; and also Brenda Lawrence from Michigan--for showing the 
American people that bipartisanship actually happens up here in 
Washington, D.C., in order to make sure we are keeping Americans safe.
  Mr. Speaker, I strongly urge my colleagues to support this bill.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I have no further 
speakers, and I yield back the balance of my time.
  Mr. COMER. Mr. Speaker, I urge adoption of the bill, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kentucky (Mr. Comer) that the House suspend the rules 
and pass the bill, H.R. 6901, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. COMER. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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