[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.
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