[Congressional Record Volume 165, Number 8 (Tuesday, January 15, 2019)]
[House]
[Pages H567-H569]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL CIO AUTHORIZATION ACT OF 2019

  Mr. CUMMINGS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 247) to amend chapter 36 of title 44, United States Code, to 
make certain changes relating to electronic Government services, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 247

       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 2019''.

     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--
       (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

[[Page H568]]

     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 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 
Maryland (Mr. Cummings) and the gentlewoman from North Carolina (Ms. 
Foxx) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. CUMMINGS. Madam 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 measure before us today.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  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

[[Page H569]]

to the Federal Chief Information Officer, and it would require direct 
reporting of that individual to the Director of the Office of 
Management and Budget. It is very, very important.
  Second, it would establish the position of Federal Chief Information 
Security Officer, who would report to the Federal CIO and assist OMB in 
the cybersecurity efforts.
  Finally, this very important 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.
  Madam Speaker, I urge all Members to vote in favor of this bill, and 
I reserve the balance of my time.
  Ms. FOXX of North Carolina. Madam Speaker, I yield such time as he 
may consume to the gentleman from Texas (Mr. Hurd), the chief sponsor 
of this legislation.
  Mr. HURD of Texas. Madam Speaker, I thank the distinguished 
gentlewoman for yielding time to me on this important piece of 
legislation.
  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, was originally passed.
  Less than 50 percent of the U.S. population had home access to the 
internet in 2001 when this was first passed. Now, nearly every American 
has access to the internet.
  Just 62 percent of Americans had cell phones when the original bill 
was passed. Now, 95 percent of Americans own cell phones, and 77 
percent of those are smartphones.
  Mobile apps were nonexistent 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 Chief Information Officer and elevates the 
office to report directly to the head of the Office of Management and 
Budget.
  The bill also establishes the role of the Federal Chief Information 
Security Officer, FCISO, who reports directly to the Federal CIO and 
will lead OMB cybersecurity efforts.
  Empowering CIOs at the Federal agencies is consistent with the 
principles of one of the signature pieces of legislation on IT reform, 
the Federal IT Acquisition and Reform Act. The Federal CIO should be 
treated no differently. The Federal CIO must have the statutory and 
organizational authority to succeed, and this bill achieves just that.
  The bill does more than just rename the office. It makes a clear 
statement that the Federal CIO is in charge of coordinating IT policy 
across the government.
  This bill passed the House last Congress by a vote of 391-0, and I 
want to thank my friends--Representatives Robin Kelly, Mark Meadows, 
and Gerry Connolly--for their continued support for this important 
initiative. And I would like to thank Chairman Cummings and Ranking 
Member Jordan for making sure this important piece of legislation comes 
to the floor.
  I urge my colleagues to support this bill.
  Mr. CUMMINGS. Madam Speaker, I reserve the balance of my time.
  Ms. FOXX of North Carolina. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, I think this piece of legislation is in the spirit of 
what Congress needs to be doing in terms of updating where we are in 
dealing with technology and the need for adequate oversight. This bill 
acknowledges that Federal technology policy has not kept up with the 
pace of technology integration by our Federal agencies.
  This bill codifies the position of Federal CIO, emphasizing the 
importance of the role to the formation of governmentwide technology 
policy; and this bill promotes organized, cost-efficient, and secure 
technology used throughout the Federal Government.
  I would like to again thank the gentleman from Texas (Mr. Hurd) for 
introducing this bill, along with the many bipartisan supporters of it.
  I urge my colleagues to support the bill, vote for it, and I yield 
back the balance of my time.
  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I want to join my colleague, Congresswoman Foxx, in 
thanking Mr. Hurd, Mr. Connolly, and Congresswoman Kelly for all the 
hard work that they put into this legislation.
  So often in our Congress, we are blessed to have somebody like Mr. 
Hurd, who is very, very familiar with these sometimes very complex 
issues, and he brings just a reasonable approach to coming up with 
bipartisan solutions to the problems that are facing our country and, 
just as significant, bringing solutions that will prevent problems from 
happening. So I want to thank him for working so hard on this, along 
with our colleagues, Mr. Connolly and Ms. Kelly.

  Again, Madam Speaker, I urge all of our Members to vote in favor of 
this bill. It is a significant piece of legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. CONNOLLY. Madam Speaker, I rise in support of H.R. 247, the 
Federal CIO Authorization Act of 2019, introduced by my colleague, 
Congressman Will Hurd. I am happy to co-sponsor this bill, which the 
House of Representatives passed last year under suspension of the 
rules.
  This bill rebrands the Office of Electronic Government at the Office 
of Management and Budget (OMB) and helps bring it into the 21st century 
by renaming it the Office of the Federal Chief Information Officer. 
This new name more appropriately characterizes the important role the 
Office plays across the federal government in coordinating federal 
information technology (IT) policy and providing guidance to agencies. 
Currently, the Administrator of the Office of Electronic Government is 
informally called the Federal Chief Information Officer (CIO), so it is 
long overdue for Congress to make this change in statute, as this bill 
will do. H.R. 247 will also rename the E-Government Fund, the ``Federal 
IT Fund'' which better describes the purpose of the account.
  More importantly, this bill establishes the Federal Chief Information 
Security Office (CISO) within the office of the Federal CIO. The 
Federal CISO (pronounced SISSO) will be appointed by the president and 
be responsible for carrying out the cybersecurity duties of the OMB 
Director, including the responsibilities under the Federal Information 
Security Management Act (FISMA). This position was created by President 
Obama to address the increasing risk of cyberattacks and the need to 
better protect our government's data and information across the federal 
government. However, it was not until a year and half into the Trump 
Administration that the President named Grant Schneider the permanent 
Federal CISO. My hope is that this position will foster effective 
coordination of cybersecurity policy across the federal government, 
providing agencies with guidance to secure their IT systems and better 
defend against cyber-attacks.
  Madam Speaker, I urge my colleagues to support this bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Cummings) that the House suspend the rules 
and pass the bill, H.R. 247.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________