[House Report 115-1055]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1055
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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\
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\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.
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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.
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\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.
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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.
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\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.
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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]