[House Report 115-1055]
[From the U.S. Government Publishing Office]


115th Congress    }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {       115-1055

======================================================================



 
             21ST CENTURY INTEGRATED DIGITAL EXPERIENCE ACT

                                _______
                                

 November 29, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5759]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 5759) to improve executive agency 
digital services, and for other purposes, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of Legislation...............................     4
Background and Need for Legislation..............................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Legislative History..............................................     4
Committee Consideration..........................................     5
Roll Call Votes..................................................     5
Explanation of Amendments........................................     5
Application of Law to the Legislative Branch.....................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     6
Federal Advisory Committee Act...................................     6
Unfunded Mandates Statement......................................     6
Earmark Identification...........................................     6
Committee Estimate...............................................     6
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     6
Section-by-Section Analysis......................................     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``21st Century Integrated Digital 
Experience Act'' or the ``21st Century IDEA''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
          (2) Executive agency.--The term ``executive agency'' has the 
        meaning given the term ``Executive agency'' in section 105 of 
        title 5, United States Code.

SEC. 3. WEBSITE MODERNIZATION.

  (a) Requirements for New Websites and Digital Services.--Not later 
than 180 days after the date of enactment of this Act, an executive 
agency that creates a website or digital service that is intended for 
use by the public, or conducts a redesign of an existing legacy website 
or digital service that is intended for use by the public, shall ensure 
to the greatest extent practicable that any new or redesigned website, 
web-based form, web-based application, or digital service--
          (1) is accessible to individuals with disabilities in 
        accordance with section 508 of the Rehabilitation Act of 1973 
        (29 U.S.C. 794d);
          (2) has a consistent appearance;
          (3) does not overlap with or duplicate any legacy websites 
        and, if applicable, ensure that legacy websites are regularly 
        reviewed, eliminated, and consolidated;
          (4) contains a search function that allows users to easily 
        search content intended for public use;
          (5) is provided through an industry standard secure 
        connection;
          (6) is designed around user needs with data-driven analysis 
        influencing management and development decisions, using 
        qualitative and quantitative data to determine user goals, 
        needs, and behaviors, and continually test the website, web-
        based form, web-based application, or digital service to ensure 
        that user needs are addressed;
          (7) provides users of the new or redesigned website, web-
        based form, web-based application, or digital service with the 
        option for a more customized digital experience that allows 
        users to complete digital transactions in an efficient and 
        accurate manner; and
          (8) is fully functional and usable on common mobile devices.
  (b) Requirements for Existing Executive Agency Websites and Digital 
Services.--Not later than 1 year after the date of enactment of this 
Act, the head of each executive agency that maintains a website or 
digital service that is made available to the public shall--
          (1) review each website or digital service; and
          (2) submit to Congress a report that includes--
                  (A) a list of the websites and digital services 
                maintained by the executive agency that are most viewed 
                or utilized by the public or are otherwise important 
                for public engagement;
                  (B) from among the websites and digital services 
                listed under subparagraph (A), a prioritization of 
                websites and digital services that require 
                modernization to meet the requirements under subsection 
                (a); and
                  (C) an estimation of the cost and schedule of 
                modernizing the websites and digital services 
                prioritized under subparagraph (B).
  (c) Internal Digital Services.--The head of each executive agency 
shall ensure, to the greatest extent practicable, that any Intranet 
established after the date of enactment of this Act conforms to the 
requirements described in subsection (a).
  (d) Public Reporting.--Not later than 1 year after the date of 
enactment of this Act and every year thereafter for 4 years, the head 
of each executive agency shall--
          (1) report annually to the Director on the progress of the 
        executive agency in implementing the requirements described in 
        this section for the previous year; and
          (2) include the information described in paragraph (1) in a 
        publicly available report that is required under another 
        provision of law.
  (e) Compliance With United States Website Standards.--Any website of 
an executive agency that is made available to the public after the date 
of enactment of this Act shall be in compliance with the website 
standards of the Technology Transformation Services of the General 
Services Administration.

SEC. 4. DIGITIZATION OF GOVERNMENT SERVICES AND FORMS.

  (a) Non-digital Services.--Not later than 180 days after the date of 
enactment of this Act, the Director shall issue guidance to the head of 
each executive agency that establishes a process for the executive 
agency to--
          (1) identify public non-digital, paper-based, or in-person 
        Government services; and
          (2) include in the budget request of the executive agency--
                  (A) a list of non-digital services with the greatest 
                impact that could be made available to the public 
                through an online, mobile-friendly, digital service 
                option in a manner that decreases cost, increases 
                digital conversion rates, and improves customer 
                experience; and
                  (B) an estimation of the cost and schedule associated 
                with carrying out the modernization described in 
                subparagraph (A).
  (b) Services Required to Be Digital.--The head of each executive 
agency shall regularly review public-facing applications and services 
to ensure that those applications and services are, to the greatest 
extent practicable, made available to the public in a digital format.
  (c) Forms Required to Be Digital.--Not later than 2 years after the 
enactment of this Act, the head of each executive agency shall ensure 
that any paper based form that is related to serving the public is made 
available in a digital format that meets the requirements described in 
section 3(a).
  (d) Non-digitizable Processes.--If the head of an executive agency 
cannot make available in a digital format under this section an in-
person Government service, form, or paper-based process, the head of 
the executive agency shall document--
          (1) the title of the in-person Government service, form, or 
        paper-based process;
          (2) a description of the in-person Government service, form, 
        or paper-based process;
          (3) each unit responsible for the in-person Government 
        service, form, or paper-based process and the location of each 
        unit in the organizational hierarchy of the executive agency;
          (4) any reasons why the in-person Government service, form, 
        or paper-based process cannot be made available under this 
        section; and
          (5) any potential solutions that could allow the in-person 
        Government service, form, or paper-based process to be made 
        available under this section, including the implementation of 
        existing technologies, procedural changes, regulatory changes, 
        and legislative changes.
  (e) Physical Availability.--Each executive agency shall maintain an 
accessible method of completing digital services through in-person, 
paper-based, or other means, such that individuals without the ability 
to use digital services are not deprived of or impeded in access to 
those digital services.

SEC. 5. ELECTRONIC SIGNATURES.

  Not later than 180 days after the date of the enactment of this Act, 
the head of each executive agency shall submit to the Director and the 
appropriate congressional committees a plan to accelerate the use of 
electronic signatures standards established under the Electronic 
Signatures in Global and National Commerce Act (15 U.S.C. 7001 et 
seq.).

SEC. 6. CUSTOMER EXPERIENCE AND DIGITAL SERVICE DELIVERY.

  The Chief Information Officer of each executive agency, or a 
designee, shall--
          (1) coordinate and ensure alignment of the internal and 
        external customer experience programs and strategy of the 
        executive agency;
          (2) coordinate with the management leaders of the executive 
        agency, including the head of the executive agency, the Chief 
        Financial Officer, and any program manager, to ensure proper 
        funding to support the implementation of this Act;
          (3) continually examine the digital service delivery strategy 
        of the executive agency to the public and submit 
        recommendations to the head of the executive agency providing 
        guidance and best practices suitable to the mission of the 
        executive agency;
          (4) using qualitative and quantitative data obtained from 
        across the executive agency relating to the experience and 
        satisfaction of customers, identify areas of concern that need 
        improvement and improve the delivery of customer service;
          (5) coordinate and ensure, with the approval of the head of 
        the executive agency, compliance by the executive agency with 
        section 3559 of title 44, United States Code; and
          (6) to the extent practicable, coordinate with other agencies 
        and seek to maintain as much standardization and commonality 
        with other agencies as practicable in implementing the 
        requirements of this Act, to best enable future transitions to 
        centralized shared services.

SEC. 7. STANDARDIZATION.

  (a) Design and Implementation.--Each executive agency shall, to the 
extent practicable, seek to maintain as much standardization and 
commonality with other executive agencies as practicable in 
implementing the requirements of this Act to best enable future 
transitions to centralized shared services.
  (b) Coordination.--The Chief Information Officer of each executive 
agency, or a designee, shall coordinate the implementation of the 
requirements of this Act, including the development of standards and 
commonalities.
  (c) Federal Supply Schedule.--
          (1) In general.--The General Services Administration shall 
        make available under a Federal Supply Schedule the systems and 
        services necessary to fulfill the requirements of this Act.
          (2) Requirements.--The Federal Supply Schedule described in 
        paragraph (1) shall, to the extent practicable, ensure 
        interoperability between executive agencies, compliance with 
        industry standards, and adherence to best practices for design, 
        accessibility, and information security.

                   SUMMARY AND PURPOSE OF LEGISLATION

    H.R. 5759, the 21st Century Integrated Digital Experience 
Act, requires the modernization of new or redesigned websites 
and digital services, including forms. The bill creates 
processes and requires a schedule for existing websites and 
services to be modernized or digitized.

                  BACKGROUND AND NEED FOR LEGISLATION

    The U.S. Federal Customer Experience Index measures citizen 
interactions with the Federal Government.\1\ The 2018 Index 
gave many Federal agencies failing scores.\2\ In contrast, most 
private sector companies received passing scores.\3\
---------------------------------------------------------------------------
    \1\Rick Parrish, et.al, The US Federal Customer Experience Index, 
2018, Forrester (May 31, 2018), https://www.forrester.com/report/
The+US+Federal+Customer+Experience+Index+2018/-/E-RES142378.
    \2\Aaron Boyd, Report: Citizens Have Better Experience With 
Airlines, Insurers Than Federal Agencies, Nextgov (May 31, 2018), 
https://www.nextgov.com/cio-briefing/2018/05/report-citizens-have-
better-experience-airlines-insurers-federal-agencies/148635/.
    \3\Id.
---------------------------------------------------------------------------
    In the President's Management Agenda released in March of 
this year, one of the performance goals is to improve the 
customer experience.\4\ This goal prioritizes improving the 
usability and dependability of digital services offered by the 
government by leveraging technology.\5\ H.R. 5759 achieves this 
goal through a systematic approach to modernizing websites, 
services, and forms.
---------------------------------------------------------------------------
    \4\Chase Gunter, IT, workforce, customer service central to 
President's Management Agenda, FCW (Mar. 20, 2018), https://fcw.com/
articles/2018/03/20/trump-management-agenda.aspx?m=1; Office of Mgmt. & 
Budget, President's Management Agenda, 28 (2018), https://
www.performance.gov/CAP/CAP_goal_4.html.
    \5\Id.
---------------------------------------------------------------------------

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the previous section.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committees performance 
goal or objective of this bill is to improve executive agency 
digital services, and for other purposes.

                          LEGISLATIVE HISTORY

    On May 10, 2018, Representative Ro Khanna (D-CA) introduced 
H.R. 5759, the 21st Century Integrated Digital Experience Act, 
with Representatives John Ratcliffe (R-TX), Robin Kelly (D-IL), 
Steve Russell (R-OK), Gerald Connolly (D-VA), Cathy McMorris 
Rogers (R-WA), Raja Krishnamoorthi (D-IL), Brian Fitzpatrick 
(R-PA), Jamie Raskin (D-MD), Ryan Costello (R-PA), Bonnie 
Watson Coleman (D-NJ), Duncan Hunter (R-CA), Brenda Lawrence 
(D-MI), Barbara Comstock (R-VA), Anna Eshoo (D-CA), and John 
Curtis (R-UT). H.R. 5759 was referred to the Committee on 
Oversight and Government Reform. The Committee considered H.R. 
5759 at a business meeting on September 27, 2018, and ordered 
the bill favorably reported, as amended, by voice vote.
    Senator Rob Portman (R-OH) introduced S. 3050, the Senate 
companion to H.R. 5759, on June 12, 2018. The Senate Committee 
on Homeland Security and Governmental Affairs considered S. 
3050 at a business meeting on September 26, 2018, and ordered 
the bill reported favorably, as amended, by voice vote.

                        COMMITTEE CONSIDERATION

    On September 27, 2018, the Committee met in open session 
and, with a quorum being present, ordered the bill favorably 
reported, as amended, by voice vote.

                            ROLL CALL VOTES

    There were no roll call votes requested or conducted during 
Committee consideration of H.R. 5759.

                       EXPLANATION OF AMENDMENTS

    During Committee consideration of the bill, Representative 
Steve Russell (R-OK) offered an amendment in the nature of a 
substitute. The amendment in the nature of a substitute 
requires new websites and digital services created by Federal 
agencies to meet updated requirements to ensure a modern, 
streamlined experience online. In addition, agencies will 
survey their current websites and services to prioritize 
modernizing those most used by the public and create a plan to 
update such websites and services. Agencies will also be 
responsible for updating their paper-based forms to digitized 
forms using electronic signatures.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill to improve executive agency digital services, and for 
other purposes. As such, this bill does not relate to 
employment or access to public services and accommodations.

                    DUPLICATION OF FEDERAL PROGRAMS

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                     FEDERAL ADVISORY COMMITTEE ACT

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      UNFUNDED MANDATES STATEMENT

    Pursuant to section 423 of the Congressional Budget Act of 
1974 the Committee has included a letter received from the 
Congressional Budget Office below.

                         EARMARK IDENTIFICATION

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           COMMITTEE ESTIMATE

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 28, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5759, the 21st 
Century IDEA.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 5759--21st Century IDEA

    H.R. 5759 would require agencies to update their websites, 
increase the use of electronic forms, implement the use of e-
signatures, standardize information technology (IT) throughout 
the federal government, and improve the overall government IT 
experience for users.
    Reports on www.digital.gov indicate that the U.S. 
government has about 6,000 websites and over 400 domains. The 
Administration estimates that the federal government has over 
23,000 forms--some on paper and some in various stages of 
digital form. The federal government spends about $95 billion 
annually on IT services, and according to the Budget of the 
U.S. Government, Fiscal Year 2019: Analytical Perspectives: 
``federal agencies have a poor track record of appropriately 
planning and budgeting for continuous modernization of their 
legacy IT systems. Further, transition to other services such 
as cloud and shared services remains slow.'' Recent 
Administrations have made improvements to IT a management 
priority, and those efforts continue.
    H.R. 5759 does not specifically authorize an appropriation 
of funds for agencies to achieve the goals of the legislation. 
Many of the provisions would generally codify current policies 
and practices. From CBO's review of the current federal digital 
environment, it is not clear that agencies would take any extra 
steps to implement H.R. 5759 beyond those measures already 
under way or planned.
    Several Government Accountability Office reports have 
indicated that many agencies, including the Department of 
Veterans Affairs and the Internal Revenue Service, have 
invested billions of dollars in IT programs that have had 
significant cost overruns and many operational problems.\1\ In 
CBO's view, implementing H.R. 5759 would not lead to additional 
costs beyond those already expected. If agencies did respond to 
the legislation with greater efforts to expand electronic forms 
and signatures and generally enhance IT services, those efforts 
would probably involve discretionary costs of at least $100 
million over the next five years. An expenditure of that scale 
evenly distributed across 20 major federal department and 
agencies would average $1 million per year for five years for 
each department or agency.
---------------------------------------------------------------------------
    \1\Government Accountability Office, VA IT Modernization: 
Preparations for Transitioning to a New Electronic Health Record System 
Are Ongoing, GAO-18-636T (June 26, 2018), www.gao.gov/Products/GAO-18-
636T, and Information Technology: Management Attention Is Needed to 
Successfully Modernize Tax Processing Systems, GAO-18-153T (October 4, 
2017), www.gao.gov/products/GAO-18-153T.
---------------------------------------------------------------------------
    Enacting H.R. 5759 could affect direct spending by some 
agencies (the Tennessee Valley Authority, for example) that are 
authorized to use fees, receipts from the sale of goods, and 
other collections to cover their operating costs; therefore, 
pay-as-you-go procedures apply. Because most such agencies can 
adjust the amounts they collect, however, CBO estimates that 
any net changes in direct spending would not be significant. 
Enacting the bill would not affect revenues.
    CBO estimates that enacting H.R. 5759 would not 
significantly increase net direct spending or on-budget 
deficits in any of the four consecutive 10-year periods 
beginning in 2029.
    H.R. 5759 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 establishes the short title of the bill.

Sec. 2. Definitions

    Section 2 defines ``Director'' and ``Executive agency.''

Sec. 3. Website modernization

    Section 3 creates requirements for new websites and digital 
services to enhance the public's experience. It also requires 
agencies to report annually to Congress information on their 
existing websites and digital services, including a cost 
estimate and plan to modernize existing websites and digital 
services prioritized based on public impact. Agencies will also 
annually report to the Office of Management and Budget (OMB) 
their progress in meeting the standards outlined in this 
section. Agencies will make every effort to ensure internal 
websites or digital services meet these requirements.

Sec. 4. Digitization of government services and forms

    Section 4 requires OMB to issue guidance on establishing a 
process to identify public transactions and processes that 
currently are not digital. Agencies then have 180 days to 
submit a report to Congress on these services, whether they can 
be digitized, and a process and schedule to digitize services. 
This section also requires agencies to digitize any paper-based 
form within one year of enactment. Should an agency choose not 
to digitize a service, then the agency must provide 
documentation. All agencies will maintain an accessible method 
for digital services to be completed.

Sec. 5. Electronic signatures

    Section 5 requires agencies to report a plan to Congress 
and OMB to accelerate the use of electronic signature standards 
on their forms and digital services.

Sec. 6. Customer experience and digital service delivery

    Section 6 requires the Chief Information Officer (CIO) of 
each agency to coordinate the alignment of internal and 
external customer experience programs and agency strategies and 
identify areas for improvement. The CIO will also coordinate 
with the agency head and Chief Financial Officer to ensure 
proper funding for implementation.

Sect. 7. Standardization

    Section 7 requires coordination by the CIO to standardize, 
to the extent practicable, the requirements in this Act.

                                  [all]