[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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \6\The Federal Information Security Modernization Act of 2014, Pub. 
L. No. 113-283, 128 Stat. 3073 (2014).
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    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.

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