[House Report 115-987]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-987
======================================================================
FEDERAL CIO AUTHORIZATION ACT OF 2018
_______
October 12, 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. 6901]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 6901) to amend chapter 36 of title
44, United States Code, to make certain changes relating to
electronic Government services, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 3
Legislative History.............................................. 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Explanation of Amendments........................................ 4
Application of Law to the Legislative Branch..................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 4
Earmark Identification........................................... 4
Committee Estimate............................................... 5
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 5
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Summary and Purpose of Legislation
H.R. 6901, the Federal CIO Authorization Act of 2018
reauthorizes and renames the Office of Electronic Government as
the Office of the Federal Chief Information Officer. The bill
codifies the positions of Federal Chief Information Officer
(CIO) and Federal Chief Information Security Officer (CISO) as
presidential appointees. The bill elevates the Federal CIO
within the Office of Management and Budget to report directly
to the Director of OMB.
Background and Need for Legislation
The E-Government Act of 2002 is the primary statute
governing the Federal government's information technology (IT)
management and security requirements.\1\ When the law was
passed in 2002, it marked the first major overhaul of federal
IT policy since the Clinger-Cohen Act of 1996.\2\ The E-
Government Act established the Office of Electronic Government
(E-Government) within the Office of Management and Budget
(OMB), headed by the Administrator of the Office of E-
Government. The head of this office has also been referred to
as the Federal CIO since 2009.
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\1\E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899
(2002).
\2\National Defense Authorization Act for Fiscal Year 1996, Pub. L.
No. 104-106, 110 Stat. 186 (1996).
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The bill reauthorizes and renames the Office of E-
Government as the Office of the Federal Chief Information
Officer. The bill codifies the Federal CIO as a presidential
appointee. The bill elevates the Federal CIO within the Office
of Management and Budget by requiring direct reporting to the
Director of OMB. This change recognizes the importance of the
Federal CIO in coordinating information technology policy for
the Federal government. Making the Federal CIO a direct report
aligns with the Committee's view and that of most in the
private sector that CIOs must be empowered to be held fully
accountable.\3\ One of the key areas the Committee has
emphasized in its oversight of the Federal Information
Technology Acquisition Reform Act (FITARA) implementation is
CIO authority, in particular the reporting chain for the agency
CIO.\4\ Complementing of the Committee's work, the President
signed Executive Order 13833 directing agencies to make the CIO
a direct report to the agency head.\5\
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\3\See, e.g., The Federal Information Technology Acquisition Reform
Act (FITARA) Scorecard 6.0: Hearing Before the Subcomm. on Information
Tech. & Subcomm. on Gov't Operations of the H. Comm. on Oversight &
Gov't Reform, 115th Cong. (2017).
\4\The Federal Information Technology Acquisition and Reform Act of
2014, Pub. L. No. 113-291, Title VIII, Subtitle D, 831, 128 Stat. 3438
(2014).
\5\Exec. Order No. 13833, 83 Fed. Reg. 23345 (May 15, 2018).
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H.R. 6901 also establishes the position of Federal Chief
Information Security Officer (CISO) reporting directly to the
Federal CIO. The President, OMB Director, and the Federal CIO
may assign duties to the Federal CISO. OMB's cybersecurity
role, including the duties assigned to the OMB Director by the
Federal Information Security Modernization Act (FISMA), are the
responsibility of the Federal CISO.\6\
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\6\The Federal Information Security Modernization Act of 2014, Pub.
L. No. 113-283, 128 Stat. 3073 (2014).
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H.R. 6901 requires the OMB Director to create a technology
investment planning and oversight process. This process
requires all agency heads to submit reports to the Federal CIO
detailing all IT expenditures. All reported IT expenditures
must be made publicly available online, expanding upon the IT
Dashboard requirements in the FITARA.\7\ The Federal CIO is
required to submit to Congress a report on the status of
establishing this process within 120 days of enactment. This
process standardizes the process for tracking government IT
spending.
---------------------------------------------------------------------------
\7\The Federal Information Technology Acquisition and Reform Act of
2014, Pub. L. No. 113-291, Title VIII, Subtitle D, 831, 128 Stat. 3438
(2014).
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Finally, H.R. 6901 directs the Federal CIO to submit to
Congress a proposal for consolidating IT across the federal
government and increasing the use of shared services, with a
focus on small and medium agencies. The proposal is due within
180 days of enactment.
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 Committee's performance
goal or objective of this bill is to amend chapter 36 of title
44, United States Code, to make certain changes relating to
electronic Government services, and for other purposes.
Legislative History
On September 26, 2018, Representative Will Hurd (R-TX)
introduced H.R. 6901, the Federal CIO Authorization Act of
2018, with Representative Robin D. Kelly (D-IL), Mark Meadows
(R-NC), and Gerald E. Connolly (D-VA). H.R. 6901 was referred
to the Committee on Oversight and Government Reform. The
Committee considered H.R. 6901 at a business meeting on
September 27, 2018 and ordered the bill favorably reported by
voice vote.
Senator Joseph Lieberman (D-CT) introduced S. 803, the E-
Government Act of 2002, on May 1, 2001. The then-Senate
Committee on Governmental Affairs considered S. 803 at a
business meeting on March 21, 2002 and ordered the bill
favorably reported, as amended, by voice vote. The Senate
passed the bill by unanimous consent on June 27, 2002.
On July 11, 2001, Representative Jim Turner (D-TX)
introduced H.R. 2458, the House companion to S. 803. H.R. 2458
was referred to the then-House Committee on Government Reform,
with an additional referral to the House Committee on the
Judiciary. The Committee on Government Reform considered H.R.
2458 at a business meeting on October 9, 2002, and ordered the
bill favorably reported, as amended, by voice vote. The House
passed the bill by unanimous consent on November 15, 2002. H.R.
2458 passed the Senate by unanimous consent on November 15,
2002. The bill was signed by the President on December 17, 2002
and became Public Law No. 107-347.
Committee Consideration
On September 27, 2018, the Committee met in open session
and, with a quorum being present, ordered the bill favorably
reported by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Committee consideration of H.R. 6901.
Explanation of Amendments
There were no amendments to H.R. 6901 offered or adopted
during Committee consideration of the bill.
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 would amend chapter 36 of title 44, United States
Code, to make certain changes relating to electronic Government
services. 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, October 11, 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. 6901, the Federal
CIO Authorization Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 6901--Federal CIO Authorization Act of 2018
H.R. 6901 would amend the E-Government Act of 2002 that
governs the management and use of federal electronic services
and processes. Specifically, the bill would rename the Office
of E-Government within the Office of Management and Budget
(OMB) as the Office of Chief Information Officer and designate
a chief information officer (CIO) and a chief information
security officer (CISO). The bill also would require federal
agencies to report to the Congress on their information
technology (IT) investments and direct the CIO to report on the
feasibility of small agencies' consolidating their IT services.
Based on information from OMB, CBO expects that the bill
would largely codify current practice: The federal government
has a CIO and a CISO and the Federal IT Dashboard now reports
on federal IT spending. Depending on scope and the effort
required to produce the report, CBO estimates, it would cost up
to $2 million to complete a report on the feasibility of
consolidating the IT services of the federal government's
approximately 100 small-to-midsize agencies.
Enacting H.R. 6901 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. 6901 would not increase
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6901 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 as the
``Federal CIO Authorization Act of 2018.''
Sec. 2. Changes relating to electronic government services
Section 2 amends chapter 36 of title 44, United States
Code, to rename the Office of Electronic Government to the
Office of the Federal Chief Information Officer (CIO), elevate
the new Federal CIO to a direct report to the Director of the
Office of Management and Budget, and make related technical and
conforming changes to existing law. In addition, Section 2
codifies the position of Federal Chief Information Security
Officer as a Presidential appointee to oversee federal
cybersecurity.
Section 2 also requires Federal agencies to report all
information technology expenditures to the Office of the
Federal Chief Information Officer under an implementation
process to be determined by the Director of the Office of
Management and Budget.
Sec 3. Proposal related to shared services
Section 3 requires the Federal CIO to submit to Congress a
proposal for consolidating information technology across the
federal government and increasing the use of shared services,
with a focus on small and medium agencies.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES
Sec.
3601. Definitions.
[3602. Office of Electronic Government.]
3602. Office of the Federal Chief Information Officer.
3603. Chief Information Officers Council.
[3604. E-Government Fund.]
3604. Federal IT Fund.
3605. Program to encourage innovative solutions to enhance electronic
Government services and processes.
3606. [E-Government] Annual report.
3607. Federal Chief Information Security Officer.
3608. Technology investment planning and oversight process.
Sec. 3601. Definitions
In this chapter, the definitions under section 3502 shall
apply, and the term--
[(1) ``Administrator'' means the Administrator of the
Office of Electronic Government established under
section 3602;]
[(2)] (1) ``Council'' means the Chief Information
Officers Council established under section 3603;
[(3)] (2) ``electronic Government'' means the use by
the Government of web-based Internet applications and
other information technologies, combined with processes
that implement these technologies, to--
(A) enhance the access to and delivery of
Government information and services to the
public, other agencies, and other Government
entities; or
(B) bring about improvements in Government
operations that may include effectiveness,
efficiency, service quality, or transformation;
[(4)] (3) ``enterprise architecture''--
(A) means--
(i) a strategic information asset
base, which defines the mission;
(ii) the information necessary to
perform the mission;
(iii) the technologies necessary to
perform the mission; and
(iv) the transitional processes for
implementing new technologies in
response to changing mission needs; and
(B) includes--
(i) a baseline architecture;
(ii) a target architecture; and
(iii) a sequencing plan;
[(5)] (4) ``Fund'' means the [E-Government Fund]
Federal IT Fund established under section 3604;
[(6)] (5) ``interoperability'' means the ability of
different operating and software systems, applications,
and services to communicate and exchange data in an
accurate, effective, and consistent manner;
[(7)] (6) ``integrated service delivery'' means the
provision of Internet-based Federal Government
information or services integrated according to
function or topic rather than separated according to
the boundaries of agency jurisdiction; and
[(8)] (7) ``tribal government'' means--
(A) the governing body of any Indian tribe,
band, nation, or other organized group or
community located in the continental United
States (excluding the State of Alaska) that is
recognized as eligible for the special programs
and services provided by the United States to
Indians because of their status as Indians, and
(B) any Alaska Native regional or village
corporation established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
Sec. 3602. [Office of Electronic Government] Office of the Federal
Chief Information Officer
(a) There is established in the Office of Management and
Budget an [Office of Electronic Government] Office of the
Federal Chief Information Officer.
(b) There shall be at the head of the Office [an
Administrator] a Federal Chief Information Officer who shall be
appointed by the President and who shall report directly to the
Director.
(c) [The Administrator] The Federal Chief Information Officer
shall assist the Director in carrying out--
(1) all functions under this chapter;
(2) all of the functions assigned to the Director
under title II of the E-Government Act of 2002; and
(3) other electronic government initiatives,
consistent with other statutes.
(d) [The Administrator] The Federal Chief Information Officer
shall assist the Director and the Deputy Director for
Management and work with the Administrator of the Office of
Information and Regulatory Affairs in setting strategic
direction for implementing electronic Government, under
relevant statutes, including--
(1) chapter 35;
(2) subtitle III of title 40, United States Code;
(3) section 552a of title 5 (commonly referred to as
the ``Privacy Act'');
(4) the Government Paperwork Elimination Act (44
U.S.C. 3504 note); and
(5) the Federal Information Security Management Act
of 2002.
(e) [The Administrator] The Federal Chief Information Officer
shall work with the Administrator of the Office of Information
and Regulatory Affairs and with other offices within the Office
of Management and Budget to oversee implementation of
electronic Government under this chapter, chapter 35, the E-
Government Act of 2002, and other relevant statutes, in a
manner consistent with law, relating to--
(1) capital planning and investment control for
information technology;
(2) the development of enterprise architectures;
(3) information security;
(4) privacy;
(5) access to, dissemination of, and preservation of
Government information;
(6) accessibility of information technology for
persons with disabilities; and
(7) other areas of electronic Government.
(f) Subject to requirements of this chapter, [the
Administrator] the Federal Chief Information Officer shall
assist the Director by performing electronic Government
functions as follows:
(1) Advise the Director on the resources required to
develop and effectively administer electronic
Government initiatives.
(2) Recommend to the Director changes relating to
Governmentwide strategies and priorities for electronic
Government.
(3) Provide overall leadership and direction to the
executive branch on electronic Government.
(4) Promote innovative uses of information technology
by agencies, particularly initiatives involving
multiagency collaboration, through support of pilot
projects, research, experimentation, and the use of
innovative technologies.
(5) Oversee the distribution of funds from, and
ensure appropriate administration and coordination of,
the [E-Government Fund] Federal IT Fund established
under section 3604.
(6) Coordinate with the Administrator of General
Services regarding programs undertaken by the General
Services Administration to promote electronic
government and the efficient use of information
technologies by agencies.
(7) Lead the activities of the Chief Information
Officers Council established under section 3603 on
behalf of the Deputy Director for Management, who shall
chair the council.
(8) Assist the Director in establishing policies
which shall set the framework for information
technology standards for the Federal Government
developed by the National Institute of Standards and
Technology and promulgated by the Secretary of Commerce
under section 11331 of title 40, taking into account,
if appropriate, recommendations of the Chief
Information Officers Council, experts, and interested
parties from the private and nonprofit sectors and
State, local, and tribal governments, and maximizing
the use of commercial standards as appropriate,
including the following:
(A) Standards and guidelines for
interconnectivity and interoperability as
described under section 3504.
(B) Consistent with the process under section
207(d) of the E-Government Act of 2002,
standards and guidelines for categorizing
Federal Government electronic information to
enable efficient use of technologies, such as
through the use of extensible markup language.
(C) Standards and guidelines for Federal
Government computer system efficiency and
security.
(9) Sponsor ongoing dialogue that--
(A) shall be conducted among Federal, State,
local, and tribal government leaders on
electronic Government in the executive,
legislative, and judicial branches, as well as
leaders in the private and nonprofit sectors,
to encourage collaboration and enhance
understanding of best practices and innovative
approaches in acquiring, using, and managing
information resources;
(B) is intended to improve the performance of
governments in collaborating on the use of
information technology to improve the delivery
of Government information and services; and
(C) may include--
(i) development of innovative
models--
(I) for electronic Government
management and Government
information technology
contracts; and
(II) that may be developed
through focused discussions or
using separately sponsored
research;
(ii) identification of opportunities
for public-private collaboration in
using Internet-based technology to
increase the efficiency of Government-
to-business transactions;
(iii) identification of mechanisms
for providing incentives to program
managers and other Government employees
to develop and implement innovative
uses of information technologies; and
(iv) identification of opportunities
for public, private, and
intergovernmental collaboration in
addressing the disparities in access to
the Internet and information
technology.
(10) Sponsor activities to engage the general public
in the development and implementation of policies and
programs, particularly activities aimed at fulfilling
the goal of using the most effective citizen-centered
strategies and those activities which engage multiple
agencies providing similar or related information and
services.
(11) Oversee the work of the General Services
Administration and other agencies in developing the
integrated Internet-based system under section 204 of
the E-Government Act of 2002.
(12) Coordinate with the Administrator for Federal
Procurement Policy to ensure effective implementation
of electronic procurement initiatives.
(13) Assist Federal agencies, including the General
Services Administration, the Department of Justice, and
the United States Access Board in--
(A) implementing accessibility standards
under section 508 of the Rehabilitation Act of
1973 (29 U.S.C. 794d); and
(B) ensuring compliance with those standards
through the budget review process and other
means.
(14) Oversee the development of enterprise
architectures within and across agencies.
(15) Assist the Director and the Deputy Director for
Management in overseeing agency efforts to ensure that
electronic Government activities incorporate adequate,
risk-based, and cost-effective security compatible with
business processes.
(16) Administer [the Office of Electronic Government]
the Office of the Federal Chief Information Officer
established under this section.
(17) Assist the Director in preparing the E-
Government report established under section 3606.
(18) Oversee the Federal Chief Information Security
Officer.
(g) The Director shall ensure that the Office of Management
and Budget, including [the Office of Electronic Government] the
Office of the Federal Chief Information Officer, the Office of
Information and Regulatory Affairs, and other relevant offices,
have adequate staff and resources to properly fulfill all
functions under the E-Government Act of 2002.
Sec. 3603. Chief Information Officers Council
(a) There is established in the executive branch a Chief
Information Officers Council.
(b) The members of the Council shall be as follows:
(1) The Deputy Director for Management of the Office
of Management and Budget, who shall act as chairperson
of the Council.
(2) [The Administrator of the Office of Electronic
Government] The Federal Chief Information Officer.
(3) The Administrator of the Office of Information
and Regulatory Affairs.
(4) The chief information officer of each agency
described under section 901(b) of title 31.
(5) The chief information officer of the Central
Intelligence Agency.
(6) The chief information officer of the Department
of the Army, the Department of the Navy, and the
Department of the Air Force, if chief information
officers have been designated for such departments
under section 3506(a)(2)(B).
(7) Any other officer or employee of the United
States designated by the chairperson.
(c)(1) [The Administrator of the Office of Electronic
Government] The Federal Chief Information Officer shall lead
the activities of the Council on behalf of the Deputy Director
for Management.
(2)(A) The Vice Chairman of the Council shall be
selected by the Council from among its members.
(B) The Vice Chairman shall serve a 1-year
term, and may serve multiple terms.
(3) The Administrator of General Services shall
provide administrative and other support for the
Council.
(d) The Council is designated the principal interagency forum
for improving agency practices related to the design,
acquisition, development, modernization, use, operation,
sharing, and performance of Federal Government information
resources.
(e) In performing its duties, the Council shall consult
regularly with representatives of State, local, and tribal
governments.
(f) The Council shall perform functions that include the
following:
(1) Develop recommendations for the Director on
Government information resources management policies
and requirements.
(2) Share experiences, ideas, best practices, and
innovative approaches related to information resources
management.
(3) Assist [the Administrator] the Federal Chief
Information Officer in the identification, development,
and coordination of multiagency projects and other
innovative initiatives to improve Government
performance through the use of information technology.
(4) Promote the development and use of common
performance measures for agency information resources
management under this chapter and title II of the E-
Government Act of 2002.
(5) Work as appropriate with the National Institute
of Standards and Technology and [the Administrator] the
Federal Chief Information Officer to develop
recommendations on information technology standards
developed under section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) and
promulgated under section 11331 of title 40, and
maximize the use of commercial standards as
appropriate, including the following:
(A) Standards and guidelines for
interconnectivity and interoperability as
described under section 3504.
(B) Consistent with the process under section
207(d) of the E-Government Act of 2002,
standards and guidelines for categorizing
Federal Government electronic information to
enable efficient use of technologies, such as
through the use of extensible markup language.
(C) Standards and guidelines for Federal
Government computer system efficiency and
security.
(6) Work with the Office of Personnel Management to
assess and address the hiring, training,
classification, and professional development needs of
the Government related to information resources
management.
(7) Work with the Archivist of the United States to
assess how the Federal Records Act can be addressed
effectively by Federal information resources management
activities.
Sec. 3604. [E-Government Fund] Federal IT Fund
(a)(1) There is established in the Treasury of the United
States the [E-Government Fund] Federal IT Fund.
(2) The Fund shall be administered by the
Administrator of the General Services Administration to
support projects approved by the Director, assisted by
[the Administrator of the Office of Electronic
Government] the Federal Chief Information Officer, that
enable the Federal Government to expand its ability,
through the development and implementation of
innovative uses of the Internet or other electronic
methods, to conduct activities electronically.
(3) Projects under this subsection may include
efforts to--
(A) make Federal Government information and
services more readily available to members of
the public (including individuals, businesses,
grantees, and State and local governments);
(B) make it easier for the public to apply
for benefits, receive services, pursue business
opportunities, submit information, and
otherwise conduct transactions with the Federal
Government; and
(C) enable Federal agencies to take advantage
of information technology in sharing
information and conducting transactions with
each other and with State and local
governments.
(b)(1) The [Administrator] Federal Chief Information Officer
shall--
(A) establish procedures for accepting and
reviewing proposals for funding;
(B) consult with interagency councils,
including the Chief Information Officers
Council, the Chief Financial Officers Council,
and other interagency management councils, in
establishing procedures and reviewing
proposals; and
(C) assist the Director in coordinating
resources that agencies receive from the Fund
with other resources available to agencies for
similar purposes.
(2) When reviewing proposals and managing the Fund,
the [Administrator] Federal Chief Information Officer
shall observe and incorporate the following procedures:
(A) A project requiring substantial
involvement or funding from an agency shall be
approved by a senior official with agencywide
authority on behalf of the head of the agency,
who shall report directly to the head of the
agency.
(B) Projects shall adhere to fundamental
capital planning and investment control
processes.
(C) Agencies shall identify in their
proposals resource commitments from the
agencies involved and how these resources would
be coordinated with support from the Fund, and
include plans for potential continuation of
projects after all funds made available from
the Fund are expended.
(D) After considering the recommendations of
the interagency councils, the Director,
assisted by the [Administrator] Federal Chief
Information Officer, shall have final authority
to determine which of the candidate projects
shall be funded from the Fund.
(E) Agencies shall assess the results of
funded projects.
(c) In determining which proposals to recommend for funding,
[the Administrator] the Federal Chief Information Officer--
(1) shall consider criteria that include whether a
proposal--
(A) identifies the group to be served,
including citizens, businesses, the Federal
Government, or other governments;
(B) indicates what service or information the
project will provide that meets needs of groups
identified under subparagraph (A);
(C) ensures proper security and protects
privacy;
(D) is interagency in scope, including
projects implemented by a primary or single
agency that--
(i) could confer benefits on multiple
agencies; and
(ii) have the support of other
agencies; and
(E) has performance objectives that tie to
agency missions and strategic goals, and
interim results that relate to the objectives;
and
(2) may also rank proposals based on criteria that
include whether a proposal--
(A) has Governmentwide application or
implications;
(B) has demonstrated support by the public to
be served;
(C) integrates Federal with State, local, or
tribal approaches to service delivery;
(D) identifies resource commitments from
nongovernmental sectors;
(E) identifies resource commitments from the
agencies involved;
(F) uses web-based technologies to achieve
objectives;
(G) identifies records management and records
access strategies;
(H) supports more effective citizen
participation in and interaction with agency
activities that further progress toward a more
citizen-centered Government;
(I) directly delivers Government information
and services to the public or provides the
infrastructure for delivery;
(J) supports integrated service delivery;
(K) describes how business processes across
agencies will reflect appropriate
transformation simultaneous to technology
implementation; and
(L) is new or innovative and does not
supplant existing funding streams within
agencies.
(d) The Fund may be used to fund the integrated Internet-
based system under section 204 of the E-Government Act of 2002.
(e) None of the funds provided from the Fund may be
transferred to any agency until 15 days after the Administrator
of the General Services Administration has submitted to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the House of
Representatives, and the appropriate authorizing committees of
the Senate and the House of Representatives, a notification and
description of how the funds are to be allocated and how the
expenditure will further the purposes of this chapter.
(f)(1) The Director shall report annually to Congress on the
operation of the Fund, through the report established under
section 3606.
(2) The report under paragraph (1) shall describe--
(A) all projects which the Director has
approved for funding from the Fund; and
(B) the results that have been achieved to
date for these funded projects.
(g)(1) There are authorized to be appropriated to the Fund--
(A) $45,000,000 for fiscal year 2003;
(B) $50,000,000 for fiscal year 2004;
(C) $100,000,000 for fiscal year 2005;
(D) $150,000,000 for fiscal year 2006; and
(E) such sums as are necessary for fiscal
year 2007.
(2) Funds appropriated under this subsection shall
remain available until expended.
Sec. 3605. Program to encourage innovative solutions to enhance
electronic Government services and processes
(a) Establishment of Program.--[The Administrator] The
Federal Chief Information Officer shall establish and promote a
Governmentwide program to encourage contractor innovation and
excellence in facilitating the development and enhancement of
electronic Government services and processes.
(b) Issuance of Announcements Seeking Innovative Solutions.--
Under the program[, the Administrator,], the Federal Chief
Information Officer, in consultation with the Council and the
Administrator for Federal Procurement Policy, shall issue
announcements seeking unique and innovative solutions to
facilitate the development and enhancement of electronic
Government services and processes.
(c) Multiagency Technical Assistance Team.--(1) [The
Administrator] The Federal Chief Information Officer, in
consultation with the Council and the Administrator for Federal
Procurement Policy, shall convene a multiagency technical
assistance team to assist in screening [proposals submitted to
the Administrator] proposals submitted to the Federal Chief
Information Officer to provide unique and innovative solutions
to facilitate the development and enhancement of electronic
Government services and processes. The team shall be composed
of employees of the agencies represented on the Council who
have expertise in scientific and technical disciplines that
would facilitate the assessment of the feasibility of the
proposals.
(2) The technical assistance team shall--
(A) assess the feasibility, scientific and
technical merits, and estimated cost of each
proposal; and
(B) submit each proposal, and the assessment
of the proposal, to [the Administrator] the
Federal Chief Information Officer.
(3) The technical assistance team shall not consider
or evaluate proposals submitted in response to a
solicitation for offers for a pending procurement or
for a specific agency requirement.
(4) After receiving proposals and assessments from
the technical assistance team, [the Administrator] the
Federal Chief Information Officer shall consider
recommending appropriate proposals for funding under
the [E-Government Fund] Federal IT Fund established
under section 3604 or, if appropriate, forward the
proposal and the assessment of it to the executive
agency whose mission most coincides with the subject
matter of the proposal.
Sec. 3606. [E-Government] Annual report
(a) Not later than March 1 of each year, the Director shall
submit [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] 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.
(b) The report under subsection (a) shall contain--
(1) a summary of the information reported by agencies
under section 202(f) of the E-Government Act of 2002;
(2) the information required to be reported by
section 3604(f); and
(3) a description of compliance by the Federal
Government with other goals and provisions of the E-
Government Act of 2002.
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.
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
* * * * * * *
SUBCHAPTER V--PRESIDENTIAL INNOVATION FELLOWS PROGRAM
* * * * * * *
Sec. 3172. Presidential Innovation Fellows Program advisory board
(a) In General.--The Administrator of General Services shall
continue an advisory board to advise the Director of the
Presidential Innovation Fellows Program by recommending such
priorities and standards as may be beneficial to fulfill the
mission of the Presidential Innovation Fellows Program and
assist in identifying potential projects and placements for
fellows. The advisory board may not participate in the
selection process under section 3171(f).
(b) Chair; Membership.--The Administrator shall designate a
representative to serve as the Chair of the advisory board. In
addition to the Chair, the membership of the advisory board
shall include--
(1) the Deputy Director for Management of the Office
of Management and Budget;
(2) the Director of the Office of Personnel
Management;
(3) [the Administrator of the Office of Electronic
Government of the Office of Management and Budget] the
Federal Chief Information Officer;
(4) the Assistant to the President and Chief
Technology Officer; and
(5) other individuals as may be designated by the
Administrator.
(c) Consultation.--The advisory board may consult with
industry, academia, or nonprofits to ensure the Presidential
Innovation Fellows Program is continually identifying
opportunities to apply advanced skillsets and innovative
practices in effective ways to address the Nation's most
significant challenges.
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
Under Secretary of Commerce, Under Secretary of
Commerce for Economic Affairs, Under Secretary of
Commerce for Export Administration, and Under Secretary
of Commerce for Travel and Tourism.
Under Secretaries of State (6).
Under Secretaries of the Treasury (3).
Administrator of General Services.
Administrator of the Small Business Administration.
Deputy Administrator, Agency for International
Development.
Chairman of the Merit Systems Protection Board.
Chairman, Federal Communications Commission.
Chairman, Board of Directors, Federal Deposit
Insurance Corporation.
Chairman, Federal Energy Regulatory Commission.
Chairman, Federal Trade Commission.
Chairman, Surface Transportation Board.
Chairman, National Labor Relations Board.
Chairman, Securities and Exchange Commission.
Chairman, National Mediation Board.
Chairman, Railroad Retirement Board.
Chairman, Federal Maritime Commission.
Comptroller of the Currency.
Commissioner of Internal Revenue.
Under Secretary of Defense for Acquisition and
Sustainment.
Under Secretary of Defense for Policy.
Under Secretary of Defense (Comptroller).
Under Secretary of Defense for Personnel and
Readiness.
Under Secretary of Defense for Intelligence.
Deputy Chief Management Officer of the Department of
Defense.
Under Secretary of the Air Force.
Under Secretary of the Army.
Under Secretary of the Navy.
Deputy Administrator of the National Aeronautics and
Space Administration.
Deputy Director of the Central Intelligence Agency.
Director of the Office of Emergency Planning.
Director of the Peace Corps.
Deputy Director, National Science Foundation.
President of the Export-Import Bank of Washington.
Members, Nuclear Regulatory Commission.
Members, Defense Nuclear Facilities Safety Board.
Director of the Federal Bureau of Investigation,
Department of Justice.
Administrator of the National Highway Traffic Safety
Administration.
Administrator of the Federal Motor Carrier Safety
Administration.
Administrator, Federal Railroad Administration.
Chairman, National Transportation Safety Board.
Chairman of the National Endowment for the Arts the
incumbent of which also serves as Chairman of the
National Council on the Arts.
Chairman of the National Endowment for the
Humanities.
Director of the Federal Mediation and Conciliation
Service.
President, Overseas Private Investment Corporation.
Chairman, Postal Regulatory Commission.
Chairman, Occupational Safety and Health Review
Commission.
Governor of the Farm Credit Administration.
Chairman, Equal Employment Opportunity Commission.
Chairman, Consumer Product Safety Commission.
Under Secretaries of Energy (3).
Chairman, Commodity Futures Trading Commission.
Deputy United States Trade Representatives (3).
Chief Agricultural Negotiator, Office of the United
States Trade Representative.
Chief Innovation and Intellectual Property
Negotiator, Office of the United States Trade
Representative.
Chairman, United States International Trade
Commission.
Under Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmospheric
Administration.
Under Secretary of Commerce for Standards and
Technology, who also serves as Director of the National
Institute of Standards and Technology.
Associate Attorney General.
Chairman, Federal Mine Safety and Health Review
Commission.
Chairman, National Credit Union Administration Board.
Deputy Director of the Office of Personnel
Management.
Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.
Under Secretary of Agriculture for Food, Nutrition,
and Consumer Services.
Under Secretary of Agriculture for Natural Resources
and Environment.
Under Secretary of Agriculture for Research,
Education, and Economics.
Under Secretary of Agriculture for Food Safety.
Under Secretary of Agriculture for Marketing and
Regulatory Programs.
Director, Institute for Scientific and Technological
Cooperation.
Under Secretary of Agriculture for Rural Development.
Administrator, Maritime Administration.
Executive Director Property Review Board.
Deputy Administrator of the Environmental Protection
Agency.
Archivist of the United States.
Executive Director, Federal Retirement Thrift
Investment Board.
Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Director, Trade and Development Agency.
Under Secretary for Health, Department of Veterans
Affairs.
Under Secretary for Benefits, Department of Veterans
Affairs.
Under Secretary for Memorial Affairs, Department of
Veterans Affairs.
Under Secretaries, Department of Homeland Security.
Director of the Bureau of Citizenship and Immigration
Services.
Director of the Office of Government Ethics.
Administrator for Federal Procurement Policy.
Administrator, Office of Information and Regulatory
Affairs, Office of Management and Budget.
Director of the Office of Thrift Supervision.
Chairperson of the Federal Housing Finance Board.
Executive Secretary, National Space Council.
Controller, Office of Federal Financial Management,
Office of Management and Budget.
Administrator, Office of the Assistant Secretary for
Research and Technology of the Department of
Transportation.
Deputy Director for Demand Reduction, Office of
National Drug Control Policy.
Deputy Director for Supply Reduction, Office of
National Drug Control Policy.
Deputy Director for State and Local Affairs, Office
of National Drug Control Policy.
Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark
Office.
Register of Copyrights.
Commissioner of U.S. Customs and Border Protection,
Department of Homeland Security
Under Secretary of Education
Administrator of the Centers for Medicare & Medicaid
Services.
[Administrator of the Office of Electronic
Government] Federal Chief Information Officer.
Administrator, Pipeline and Hazardous Materials
Safety Administration.
Director, Pension Benefit Guaranty Corporation.
Deputy Administrators, Federal Emergency Management
Agency.
Chief Executive Officer, International Clean Energy
Foundation.
Independent Member of the Financial Stability
Oversight Council (1).
Director of the Office of Financial Research.
* * * * * * *
----------
TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE I--GENERAL
* * * * * * *
CHAPTER 5--OFFICE OF MANAGEMENT AND BUDGET
SUBCHAPTER I--ORGANIZATION
Sec.
501. Office of Management and Budget.
* * * * * * *
[507. Office of Electronic Government.]
507. Office of the Federal Chief Information Officer.
* * * * * * *
SUBCHAPTER I--ORGANIZATION
* * * * * * *
Sec. 507. [Office of Electronic Government] Office of the Federal
Chief Information Officer
[The Office of Electronic Government] The Office of the
Federal Chief Information Officer, established under section
3602 of title 44, is an office in the Office of Management and
Budget.
* * * * * * *
SUBTITLE II--THE BUDGET PROCESS
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
* * * * * * *
Sec. 1126. Program management improvement officers and program
management policy council
(a) Program Management Improvement Officers.--
(1) Designation.--The head of each agency described
in section 901(b) shall designate a senior executive of
the agency as the Program Management Improvement
Officer of the agency.
(2) Functions.--The Program Management Improvement
Officer of an agency designated under paragraph (1)
shall--
(A) implement program management policies
established by the agency under section 503(c);
and
(B) develop a strategy for enhancing the role
of program managers within the agency that
includes the following:
(i) Enhanced training and educational
opportunities for program managers that
shall include--
(I) training in the relevant
competencies encompassed with
program and project manager
within the private sector for
program managers; and
(II) training that emphasizes
cost containment for large
projects and programs.
(ii) Mentoring of current and future
program managers by experienced senior
executives and program managers within
the agency.
(iii) Improved career paths and
career opportunities for program
managers.
(iv) A plan to encourage the
recruitment and retention of highly
qualified individuals to serve as
program managers.
(v) Improved means of collecting and
disseminating best practices and
lessons learned to enhance program
management across the agency.
(vi) Common templates and tools to
support improved data gathering and
analysis for program management and
oversight purposes.
(3) Application to Department of Defense.--This
subsection shall not apply to the Department of Defense
to the extent that the provisions of this subsection
are substantially similar to or duplicative of the
provisions of chapter 87 of title 10. For purposes of
paragraph (1), the Under Secretary of Defense for
Acquisition, Technology, and Logistics (or a designee
of the Under Secretary) shall be considered the Program
Management Improvement Officer.
(b) Program Management Policy Council.--
(1) Establishment.--There is established in the
Office of Management and Budget a council to be known
as the ``Program Management Policy Council'' (in this
subsection referred to as the ``Council'').
(2) Purpose and functions.--The Council shall act as
the principal interagency forum for improving agency
practices related to program and project management.
The Council shall--
(A) advise and assist the Deputy Director for
Management of the Office of Management and
Budget;
(B) review programs identified as high risk
by the General Accountability Office and make
recommendations for actions to be taken by the
Deputy Director for Management of the Office of
Management and Budget or a designee;
(C) discuss topics of importance to the
workforce, including--
(i) career development and workforce
development needs;
(ii) policy to support continuous
improvement in program and project
management; and
(iii) major challenges across
agencies in managing programs;
(D) advise on the development and
applicability of standards governmentwide for
program management transparency; and
(E) review the information published on the
website of the Office of Management and Budget
pursuant to section 1122.
(3) Membership.--
(A) Composition.--The Council shall be
composed of the following members:
(i) Five members from the Office of
Management and Budget as follows:
(I) The Deputy Director for
Management.
(II) [The Administrator of
the Office of Electronic
Government] The Federal Chief
Information Officer.
(III) The Administrator of
Federal Procurement Policy.
(IV) The Controller of the
Office of Federal Financial
Management.
(V) The Director of the
Office of Performance and
Personnel Management.
(ii) The Program Management
Improvement Officer from each agency
described in section 901(b).
(iii) Any other full-time or
permanent part-time officer or employee
of the Federal Government or member of
the Armed Forces designated by the
Chairperson.
(B) Chairperson and vice chairperson.--
(i) In general.--The Deputy Director
for Management of the Office of
Management and Budget shall be the
Chairperson of the Council. A Vice
Chairperson shall be elected by the
members and shall serve a term of not
more than 1 year.
(ii) Duties.--The Chairperson shall
preside at the meetings of the Council,
determine the agenda of the Council,
direct the work of the Council, and
establish and direct subgroups of the
Council as appropriate.
(4) Meetings.--The Council shall meet not less than
twice per fiscal year and may meet at the call of the
Chairperson or a majority of the members of the
Council.
(5) Support.--The head of each agency with a Project
Management Improvement Officer serving on the Council
shall provide administrative support to the Council, as
appropriate, at the request of the Chairperson.
* * * * * * *
----------
TITLE 40, UNITED STATES CODE
* * * * * * *
Subtitle I--GENERAL
* * * * * * *
CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
* * * * * * *
Subchapter I--GENERAL
* * * * * * *
Sec. 305. Electronic Government and information technologies
The Administrator of General Services shall consult with [the
Administrator of the Office of Electronic Government] the
Federal Chief Information Officer on programs undertaken by the
General Services Administration to promote electronic
Government and the efficient use of information technologies by
Federal agencies.
* * * * * * *
SUBTITLE III--INFORMATION TECHNOLOGY MANAGEMENT
* * * * * * *
CHAPTER 113--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
* * * * * * *
SUBCHAPTER I--DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
* * * * * * *
Sec. 11302. Capital planning and investment control
(a) Federal Information Technology.--The Director of the
Office of Management and Budget shall perform the
responsibilities set forth in this section in fulfilling the
responsibilities under section 3504(h) of title 44.
(b) Use of Information Technology in Federal Programs.--The
Director shall promote and improve the acquisition, use,
security, and disposal of information technology by the Federal
Government to improve the productivity, efficiency, and
effectiveness of federal programs, including through
dissemination of public information and the reduction of
information collection burdens on the public.
(c) Use of Budget Process.--
(1) Definitions.--In this subsection:
(A) The term ``covered agency'' means an
agency listed in section 901(b)(1) or 901(b)(2)
of title 31.
(B) The term ``major information technology
investment'' means an investment within a
covered agency information technology
investment portfolio that is designated by the
covered agency as major, in accordance with
capital planning guidance issued by the
Director.
(C) The term ``national security system'' has
the meaning provided in section 3542 of title
44.
(2) Analyzing, tracking, and evaluating capital
investments.--As part of the budget process, the
Director shall develop a process for analyzing,
tracking, and evaluating the risks, including
information security risks, and results of all major
capital investments made by an executive agency for
information systems. The process shall cover the life
of each system and shall include explicit criteria for
analyzing the projected and actual costs, benefits, and
risks, including information security risks, associated
with the investments.
(3) Public availability.--
(A) In general.--The Director shall make
available to the public a list of each major
information technology investment, without
regard to whether the investments are for new
information technology acquisitions or for
operations and maintenance of existing
information technology, including data on cost,
schedule, and performance.
(B) Agency information.--
(i) The Director shall issue guidance
to each covered agency for reporting of
data required by subparagraph (A) that
provides a standardized data template
that can be incorporated into existing,
required data reporting formats and
processes. Such guidance shall
integrate the reporting process into
current budget reporting that each
covered agency provides to the Office
of Management and Budget, to minimize
additional workload. Such guidance
shall also clearly specify that the
investment evaluation required under
subparagraph (C) adequately reflect the
investment's cost and schedule
performance and employ incremental
development approaches in appropriate
cases.
(ii) The Chief Information Officer of
each covered agency shall provide the
Director with the information described
in subparagraph (A) on at least a semi-
annual basis for each major information
technology investment, using existing
data systems and processes.
(C) Investment evaluation.--For each major
information technology investment listed under
subparagraph (A), the Chief Information Officer
of the covered agency, in consultation with
other appropriate agency officials, shall
categorize the investment according to risk, in
accordance with guidance issued by the
Director.
(D) Continuous improvement.--If either the
Director or the Chief Information Officer of a
covered agency determines that the information
made available from the agency's existing data
systems and processes as required by
subparagraph (B) is not timely and reliable,
the Chief Information Officer, in consultation
with the Director and the head of the agency,
shall establish a program for the improvement
of such data systems and processes.
(E) Waiver or limitation authority.--The
applicability of subparagraph (A) may be waived
or the extent of the information may be limited
by the Director, if the Director determines
that such a waiver or limitation is in the
national security interests of the United
States.
(F) Additional limitation.--The requirements
of subparagraph (A) shall not apply to national
security systems or to telecommunications or
information technology that is fully funded by
amounts made available--
(i) under the National Intelligence
Program, defined by section 3(6) of the
National Security Act of 1947 (50
U.S.C. 3003(6));
(ii) under the Military Intelligence
Program or any successor program or
programs; or
(iii) jointly under the National
Intelligence Program and the Military
Intelligence Program (or any successor
program or programs).
(4) Risk management.--For each major information
technology investment listed under paragraph (3)(A)
that receives a high risk rating, as described in
paragraph (3)(C), for 4 consecutive quarters--
(A) the Chief Information Officer of the
covered agency and the program manager of the
investment within the covered agency, in
consultation with [the Administrator of the
Office of Electronic Government] the Federal
Chief Information Officer, shall conduct a
review of the investment that shall identify--
(i) the root causes of the high level
of risk of the investment;
(ii) the extent to which these causes
can be addressed; and
(iii) the probability of future
success;
(B) [the Administrator of the Office of
Electronic Government] the Federal Chief
Information Officer shall communicate the
results of the review under subparagraph (A)
to--
(i) the Committee on Homeland
Security and Governmental Affairs and
the Committee on Appropriations of the
Senate;
(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of
Representatives; and
(iii) the committees of the Senate
and the House of Representatives with
primary jurisdiction over the agency;
(C) in the case of a major information
technology investment of the Department of
Defense, the assessment required by
subparagraph (A) may be accomplished in
accordance with section 2445c of title 10,
provided that the results of the review are
provided to [the Administrator of the Office of
Electronic Government] the Federal Chief
Information Officer upon request and to the
committees identified in subsection (B); and
(D) for a covered agency other than the
Department of Defense, if on the date that is
one year after the date of completion of the
review required under subsection (A), the
investment is rated as high risk under
paragraph (3)(C), the Director shall deny any
request for additional development,
modernization, or enhancement funding for the
investment until the date on which the Chief
Information Officer of the covered agency
determines that the root causes of the high
level of risk of the investment have been
addressed, and there is sufficient capability
to deliver the remaining planned increments
within the planned cost and schedule.
(5) Report to congress.--At the same time that the
President submits the budget for a fiscal year to
Congress under section 1105(a) of title 31, the
Director shall submit to Congress a report on the net
program performance benefits achieved as a result of
major capital investments made by executive agencies
for information systems and how the benefits relate to
the accomplishment of the goals of the executive
agencies.
(d) Information Technology Standards.--The Director shall
oversee the development and implementation of standards and
guidelines pertaining to federal computer systems by the
Secretary of Commerce through the National Institute of
Standards and Technology under section 11331 of this title and
section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3).
(e) Designation of Executive Agents for Acquisitions.--The
Director shall designate the head of one or more executive
agencies, as the Director considers appropriate, as executive
agent for Government-wide acquisitions of information
technology.
(f) Use of Best Practices in Acquisitions.--The Director
shall encourage the heads of the executive agencies to develop
and use the best practices in the acquisition of information
technology.
(g) Assessment of Other Models for Managing Information
Technology.--On a continuing basis, the Director shall assess
the experiences of executive agencies, state and local
governments, international organizations, and the private
sector in managing information technology.
(h) Comparison of Agency Uses of Information Technology.--The
Director shall compare the performances of the executive
agencies in using information technology and shall disseminate
the comparisons to the heads of the executive agencies.
(i) Monitoring Training.--The Director shall monitor the
development and implementation of training in information
resources management for executive agency personnel.
(j) Informing Congress.--The Director shall keep Congress
fully informed on the extent to which the executive agencies
are improving the performance of agency programs and the
accomplishment of the agency missions through the use of the
best practices in information resources management.
(k) Coordination of Policy Development and Review.--The
Director shall coordinate with the Office of Federal
Procurement Policy the development and review by the
Administrator of the Office of Information and Regulatory
Affairs of policy associated with federal acquisition of
information technology.
* * * * * * *
SUBCHAPTER II--EXECUTIVE AGENCIES
* * * * * * *
Sec. 11319. Resources, planning, and portfolio management
(a) Definitions.--In this section:
(1) The term ``covered agency'' means each agency
listed in section 901(b)(1) or 901(b)(2) of title 31.
(2) The term ``information technology'' has the
meaning given that term under capital planning guidance
issued by the Office of Management and Budget.
(b) Additional Authorities for Chief Information Officers.--
(1) Planning, programming, budgeting, and execution
authorities for cios.--
(A) In general.--The head of each covered
agency other than the Department of Defense
shall ensure that the Chief Information Officer
of the agency has a significant role in--
(i) the decision processes for all
annual and multi-year planning,
programming, budgeting, and execution
decisions, related reporting
requirements, and reports related to
information technology; and
(ii) the management, governance, and
oversight processes related to
information technology.
(B) Budget formulation.--The Director of the
Office of Management and Budget shall require
in the annual information technology capital
planning guidance of the Office of Management
and Budget the following:
(i) That the Chief Information
Officer of each covered agency other
than the Department of Defense approve
the information technology budget
request of the covered agency, and that
the Chief Information Officer of the
Department of Defense review and
provide recommendations to the
Secretary of Defense on the information
technology budget request of the
Department.
(ii) That the Chief Information
Officer of each covered agency certify
that information technology investments
are adequately implementing incremental
development, as defined in capital
planning guidance issued by the Office
of Management and Budget.
(C) Review.--
(i) In general.--A covered agency
other than the Department of Defense--
(I) may not enter into a
contract or other agreement for
information technology or
information technology
services, unless the contract
or other agreement has been
reviewed and approved by the
Chief Information Officer of
the agency;
(II) may not request the
reprogramming of any funds made
available for information
technology programs, unless the
request has been reviewed and
approved by the Chief
Information Officer of the
agency; and
(III) may use the governance
processes of the agency to
approve such a contract or
other agreement if the Chief
Information Officer of the
agency is included as a full
participant in the governance
processes.
(ii) Delegation.--
(I) In general.--Except as
provided in subclause (II), the
duties of a Chief Information
Officer under clause (i) are
not delegable.
(II) Non-major information
technology investments.--For a
contract or agreement for a
non-major information
technology investment, as
defined in the annual
information technology capital
planning guidance of the Office
of Management and Budget, the
Chief Information Officer of a
covered agency other than the
Department of Defense may
delegate the approval of the
contract or agreement under
clause (i) to an individual who
reports directly to the Chief
Information Officer.
(2) Personnel-related authority.--Notwithstanding any
other provision of law, for each covered agency other
than the Department of Defense, the Chief Information
Officer of the covered agency shall approve the
appointment of any other employee with the title of
Chief Information Officer, or who functions in the
capacity of a Chief Information Officer, for any
component organization within the covered agency.
(c) Limitation.--None of the authorities provided in this
section shall apply to telecommunications or information
technology that is fully funded by amounts made available--
(1) under the National Intelligence Program, defined
by section 3(6) of the National Security Act of 1947
(50 U.S.C. 3003(6));
(2) under the Military Intelligence Program or any
successor program or programs; or
(3) jointly under the National Intelligence Program
and the Military Intelligence Program (or any successor
program or programs).
(d) Information Technology Portfolio, Program, and Resource
Reviews.--
(1) Process.--The Director of the Office of
Management and Budget, in consultation with the Chief
Information Officers of appropriate agencies, shall
implement a process to assist covered agencies in
reviewing their portfolio of information technology
investments--
(A) to identify or develop ways to increase
the efficiency and effectiveness of the
information technology investments of the
covered agency;
(B) to identify or develop opportunities to
consolidate the acquisition and management of
information technology services, and increase
the use of shared-service delivery models;
(C) to identify potential duplication and
waste;
(D) to identify potential cost savings;
(E) to develop plans for actions to optimize
the information technology portfolio, programs,
and resources of the covered agency;
(F) to develop ways to better align the
information technology portfolio, programs, and
financial resources of the covered agency to
any multi-year funding requirements or
strategic plans required by law;
(G) to develop a multi-year strategy to
identify and reduce duplication and waste
within the information technology portfolio of
the covered agency, including component-level
investments and to identify projected cost
savings resulting from such strategy; and
(H) to carry out any other goals that the
Director may establish.
(2) Metrics and performance indicators.--The Director
of the Office of Management and Budget, in consultation
with the Chief Information Officers of appropriate
agencies, shall develop standardized cost savings and
cost avoidance metrics and performance indicators for
use by agencies for the process implemented under
paragraph (1).
(3) Annual review.--The Chief Information Officer of
each covered agency, in conjunction with the Chief
Operating Officer or Deputy Secretary (or equivalent)
of the covered agency and the [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer, shall conduct an annual review of
the information technology portfolio of the covered
agency.
(4) Applicability to the department of defense.--In
the case of the Department of Defense, processes
established pursuant to this subsection shall apply
only to the business systems information technology
portfolio of the Department of Defense and not to
national security systems as defined by section
11103(a) of this title. The annual review required by
paragraph (3) shall be carried out by the Deputy Chief
Management Officer of the Department of Defense (or any
successor to such Officer), in consultation with the
Chief Information Officer, the Under Secretary of
Defense for Acquisition, Technology, and Logistics, and
other appropriate Department of Defense officials. The
Secretary of Defense may designate an existing
investment or management review process to fulfill the
requirement for the annual review required by paragraph
(3), in consultation with the [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer.
(5) Quarterly reports.--
(A) In general.--The [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer shall submit a quarterly
report on the cost savings and reductions in
duplicative information technology investments
identified through the review required by
paragraph (3) to--
(i) the Committee on Homeland
Security and Governmental Affairs and
the Committee on Appropriations of the
Senate;
(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of
Representatives; and
(iii) upon a request by any committee
of Congress, to that committee.
(B) Inclusion in other reports.--The reports
required under subparagraph (A) may be included
as part of another report submitted to the
committees of Congress described in clauses
(i), (ii), and (iii) of subparagraph (A).
* * * * * * *
----------
SECTION 207 OF THE E-GOVERNMENT ACT OF 2002
SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF GOVERNMENT
INFORMATION.
(a) Purpose.--The purpose of this section is to improve the
methods by which Government information, including information
on the Internet, is organized, preserved, and made accessible
to the public.
(b) Definitions.--In this section, the term--
(1) ``Committee'' means the Interagency Committee on
Government Information established under subsection
(c); and
(2) ``directory'' means a taxonomy of subjects linked
to websites that--
(A) organizes Government information on the
Internet according to subject matter; and
(B) may be created with the participation of
human editors.
(c) Interagency Committee.--
(1) Establishment.--Not later than 180 days after the
date of enactment of this title, the Director shall
establish the Interagency Committee on Government
Information.
(2) Membership.--The Committee shall be chaired by
the Director or the designee of the Director and--
(A) shall include representatives from--
(i) the National Archives and Records
Administration;
(ii) the offices of the Chief
Information Officers from Federal
agencies; and
(iii) other relevant officers from
the executive branch; and
(B) may include representatives from the
Federal legislative and judicial branches.
(3) Functions.--The Committee shall--
(A) engage in public consultation to the
maximum extent feasible, including consultation
with interested communities such as public
advocacy organizations;
(B) conduct studies and submit
recommendations, as provided under this
section, to the Director and Congress; and
(C) share effective practices for access to,
dissemination of, and retention of Federal
information.
(4) Termination.--The Committee may be terminated on
a date determined by the Director, except the Committee
may not terminate before the Committee submits all
recommendations required under this section.
(d) Categorizing of Information.--
(1) Committee functions.--Not later than 2 years
after the date of enactment of this Act, the Committee
shall submit recommendations to the Director on--
(A) the adoption of standards, which are open
to the maximum extent feasible, to enable the
organization and categorization of Government
information--
(i) in a way that is searchable
electronically, including by searchable
identifiers; and
(ii) in ways that are interoperable
across agencies;
(B) the definition of categories of
Government information which should be
classified under the standards; and
(C) determining priorities and developing
schedules for the initial implementation of the
standards by agencies.
(2) Functions of the director.--Not later than 1 year
after the submission of recommendations under paragraph
(1), the Director shall issue policies--
(A) requiring that agencies use standards,
which are open to the maximum extent feasible,
to enable the organization and categorization
of Government information--
(i) in a way that is searchable
electronically, including by searchable
identifiers;
(ii) in ways that are interoperable
across agencies; and
(iii) that are, as appropriate,
consistent with the provisions under
section 3602(f)(8) of title 44, United
States Code;
(B) defining categories of Government
information which shall be required to be
classified under the standards; and
(C) determining priorities and developing
schedules for the initial implementation of the
standards by agencies.
(3) Modification of policies.--After the submission
of agency reports under paragraph (4), the Director
shall modify the policies, as needed, in consultation
with the Committee and interested parties.
(4) Agency functions.--Each agency shall report
annually to the Director, in the report established
under section 202(g), on compliance of that agency with
the policies issued under paragraph (2)(A).
(e) Public Access to Electronic Information.--
(1) Committee functions.--Not later than 2 years
after the date of enactment of this Act, the Committee
shall submit recommendations to the Director and the
Archivist of the United States on--
(A) the adoption by agencies of policies and
procedures to ensure that chapters 21, 25, 27,
29, and 31 of title 44, United States Code, are
applied effectively and comprehensively to
Government information on the Internet and to
other electronic records; and
(B) the imposition of timetables for the
implementation of the policies and procedures
by agencies.
(2) Functions of the archivist.--Not later than 1
year after the submission of recommendations by the
Committee under paragraph (1), the Archivist of the
United States shall issue policies--
(A) requiring the adoption by agencies of
policies and procedures to ensure that chapters
21, 25, 27, 29, and 31 of title 44, United
States Code, are applied effectively and
comprehensively to Government information on
the Internet and to other electronic records;
and
(B) imposing timetables for the
implementation of the policies, procedures, and
technologies by agencies.
(3) Modification of policies.--After the submission
of agency reports under paragraph (4), the Archivist of
the United States shall modify the policies, as needed,
in consultation with the Committee and interested
parties.
(4) Agency functions.--Each agency shall report
annually to the Director, in the report established
under section 202(g), on compliance of that agency with
the policies issued under paragraph (2)(A).
(f) Agency Websites.--
(1) Standards for agency websites.--Not later than 2
years after the effective date of this title, the
Director shall promulgate guidance for agency websites
that includes--
(A) requirements that websites include direct
links to--
(i) descriptions of the mission and
statutory authority of the agency;
(ii) information made available to
the public under subsections (a)(1) and
(b) of section 552 of title 5, United
States Code (commonly referred to as
the ``Freedom of Information Act'');
(iii) information about the
organizational structure of the agency;
and
(iv) the strategic plan of the agency
developed under section 306 of title 5,
United States Code; and
(B) minimum agency goals to assist public
users to navigate agency websites, including--
(i) speed of retrieval of search
results;
(ii) the relevance of the results;
(iii) tools to aggregate and
disaggregate data; and
(iv) security protocols to protect
information.
(2) Agency requirements.--(A) Not later than 2 years
after the date of enactment of this Act, each agency
shall--
(i) consult with the Committee and solicit
public comment;
(ii) establish a process for determining
which Government information the agency intends
to make available and accessible to the public
on the Internet and by other means;
(iii) develop priorities and schedules for
making Government information available and
accessible;
(iv) make such final determinations,
priorities, and schedules available for public
comment;
(v) post such final determinations,
priorities, and schedules on the Internet; and
(vi) submit such final determinations,
priorities, and schedules to the Director, in
the report established under section 202(g).
(B) Each agency shall update determinations,
priorities, and schedules of the agency, as needed,
after consulting with the Committee and soliciting
public comment, if appropriate.
(3) Public domain directory of public federal
government websites.--
(A) Establishment.--Not later than 2 years
after the effective date of this title, the
Director and each agency shall--
(i) develop and establish a public
domain directory of public Federal
Government websites; and
(ii) post the directory on the
Internet with a link to the integrated
Internet-based system established under
section 204.
(B) Development.--With the assistance of each
agency, the Director shall--
(i) direct the development of the
directory through a collaborative
effort, including input from--
(I) agency librarians;
(II) information technology
managers;
(III) program managers;
(IV) records managers;
(V) Federal depository
librarians; and
(VI) other interested
parties; and
(ii) develop a public domain taxonomy
of subjects used to review and
categorize public Federal Government
websites.
(C) Update.--With the assistance of each
agency, [the Administrator of the Office of
Electronic Government] the Federal Chief
Information Officer shall--
(i) update the directory as
necessary, but not less than every 6
months; and
(ii) solicit interested persons for
improvements to the directory.
(g) Access to Federally Funded Research and Development.--
(1) Development and maintenance of governmentwide
repository and website.--
(A) Repository and website.--The Director of
the Office of Management and Budget (or the
Director's delegate), in consultation with the
Director of the Office of Science and
Technology Policy and other relevant agencies,
shall ensure the development and maintenance
of--
(i) a repository that fully
integrates, to the maximum extent
feasible, information about research
and development funded by the Federal
Government, and the repository shall--
(I) include information about
research and development funded
by the Federal Government,
consistent with any relevant
protections for the information
under section 552 of title 5,
United States Code, and
performed by--
(aa) institutions not
a part of the Federal
Government, including
State, local, and
foreign governments;
industrial firms;
educational
institutions; not-for-
profit organizations;
federally funded
research and
development centers;
and private
individuals; and
(bb) entities of the
Federal Government,
including research and
development
laboratories, centers,
and offices; and
(II) integrate information
about each separate research
and development task or award,
including--
(aa) the dates upon
which the task or award
is expected to start
and end;
(bb) a brief summary
describing the
objective and the
scientific and
technical focus of the
task or award;
(cc) the entity or
institution performing
the task or award and
its contact
information;
(dd) the total amount
of Federal funds
expected to be provided
to the task or award
over its lifetime and
the amount of funds
expected to be provided
in each fiscal year in
which the work of the
task or award is
ongoing;
(ee) any restrictions
attached to the task or
award that would
prevent the sharing
with the general public
of any or all of the
information required by
this subsection, and
the reasons for such
restrictions; and
(ff) such other
information as may be
determined to be
appropriate; and
(ii) 1 or more websites upon which
all or part of the repository of
Federal research and development shall
be made available to and searchable by
Federal agencies and non-Federal
entities, including the general public,
to facilitate--
(I) the coordination of
Federal research and
development activities;
(II) collaboration among
those conducting Federal
research and development;
(III) the transfer of
technology among Federal
agencies and between Federal
agencies and non-Federal
entities; and
(IV) access by policymakers
and the public to information
concerning Federal research and
development activities.
(B) Oversight.--The Director of the Office of
Management and Budget shall issue any guidance
determined necessary to ensure that agencies
provide all information requested under this
subsection.
(2) Agency functions.--Any agency that funds Federal
research and development under this subsection shall
provide the information required to populate the
repository in the manner prescribed by the Director of
the Office of Management and Budget.
(3) Committee functions.--Not later than 18 months
after the date of enactment of this Act, working with
the Director of the Office of Science and Technology
Policy, and after consultation with interested parties,
the Committee shall submit recommendations to the
Director on--
(A) policies to improve agency reporting of
information for the repository established
under this subsection; and
(B) policies to improve dissemination of the
results of research performed by Federal
agencies and federally funded research and
development centers.
(4) Functions of the director.--After submission of
recommendations by the Committee under paragraph (3),
the Director shall report on the recommendations of the
Committee and Director to Congress, in the E-Government
report under section 3606 of title 44 (as added by this
Act).
(5) Authorization of appropriations.--There are
authorized to be appropriated for the development,
maintenance, and operation of the Governmentwide
repository and website under this subsection--
(A) $2,000,000 in each of the fiscal years
2003 through 2005; and
(B) such sums as are necessary in each of the
fiscal years 2006 and 2007.
[all]