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IIB
116TH CONGRESS
1ST SESSION
H. R. 247
IN THE SENATE OF THE UNITED STATES
JANUARY 16, 2019
Received; read twice and referred to the Committee on Homeland Security and
Governmental Affairs
AN ACT
To amend chapter 36 of title 44, United States Code, to
make certain changes relating to electronic Government
services, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Federal CIO Author-
2
ization Act of 2019’’.
3
SEC. 2. CHANGES RELATING TO ELECTRONIC GOVERN-
4
MENT SERVICES.
5
(a) CHANGE OF CERTAIN NAMES IN CHAPTER 36 OF
6
TITLE 44.—
7
(1) DEFINITIONS.—Section 3601 of title 44,
8
United States Code, is amended—
9
(A) by striking paragraph (1);
10
(B)
by
redesignating
paragraphs
(2)
11
through (8) as paragraphs (1) through (7), re-
12
spectively; and
13
(C) in paragraph (4), as so redesignated,
14
by striking ‘‘E–Government Fund’’ and insert-
15
ing ‘‘Federal IT Fund’’.
16
(2) OFFICE OF ELECTRONIC GOVERNMENT.—
17
Section 3602 of title 44, United States Code, is
18
amended—
19
(A) in the heading, by striking ‘‘OFFICE
20
OF ELECTRONIC GOVERNMENT’’ and insert-
21
ing ‘‘OFFICE OF THE FEDERAL CHIEF IN-
22
FORMATION OFFICER’’;
23
(B) in subsection (a), by striking ‘‘Office
24
of Electronic Government’’ and inserting ‘‘Of-
25
fice of the Federal Chief Information Officer’’;
26
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(C) in subsection (b)—
1
(i) by striking ‘‘an Administrator’’
2
and inserting ‘‘a Federal Chief Information
3
Officer’’; and
4
(ii) by inserting before the period at
5
the end the following: ‘‘and who shall re-
6
port directly to the Director’’;
7
(D) in subsection (c), by striking ‘‘The Ad-
8
ministrator’’ and inserting ‘‘The Federal Chief
9
Information Officer’’;
10
(E) in subsection (d), by striking ‘‘The Ad-
11
ministrator’’ and inserting ‘‘The Federal Chief
12
Information Officer’’;
13
(F) in subsection (e), by striking ‘‘The Ad-
14
ministrator’’ and inserting ‘‘The Federal Chief
15
Information Officer’’;
16
(G) in subsection (f)—
17
(i) in the matter preceding paragraph
18
(1), by striking ‘‘the Administrator’’ and
19
inserting ‘‘the Federal Chief Information
20
Officer’’;
21
(ii) in paragraph (5), by striking ‘‘E–
22
Government Fund’’ and inserting ‘‘Federal
23
IT Fund’’;
24
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(iii) in paragraph (16), by striking
1
‘‘the Office of Electronic Government’’ and
2
inserting ‘‘the Office of the Federal Chief
3
Information Officer’’; and
4
(iv) by adding at the end the following
5
new paragraph:
6
‘‘(18) Oversee the Federal Chief Information
7
Security Officer.’’; and
8
(H) in subsection (g), by striking ‘‘the Of-
9
fice of Electronic Government’’ and inserting
10
‘‘the Office of the Federal Chief Information
11
Officer’’.
12
(3) CHIEF INFORMATION OFFICERS COUNCIL.—
13
Section 3603 of title 44, United States Code, is
14
amended—
15
(A) in subsection (b)(2), by striking ‘‘The
16
Administrator of the Office of Electronic Gov-
17
ernment’’ and inserting ‘‘The Federal Chief In-
18
formation Officer’’;
19
(B) in subsection (c)(1), by striking ‘‘The
20
Administrator of the Office of Electronic Gov-
21
ernment’’ and inserting ‘‘The Federal Chief In-
22
formation Officer’’; and
23
(C) in subsection (f)—
24
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(i) in paragraph (3), by striking ‘‘the
1
Administrator’’ and inserting ‘‘the Federal
2
Chief Information Officer’’; and
3
(ii) in paragraph (5), by striking ‘‘the
4
Administrator’’ and inserting ‘‘the Federal
5
Chief Information Officer’’.
6
(4) E-GOVERNMENT FUND.—Section 3604 of
7
title 44, United States Code, is amended—
8
(A) in the heading, by striking ‘‘E–GOV-
9
ERNMENT FUND’’ and inserting ‘‘FEDERAL
10
IT FUND’’;
11
(B) in subsection (a)—
12
(i) in paragraph (1), by striking ‘‘E–
13
Government Fund’’ and inserting ‘‘Federal
14
IT Fund’’; and
15
(ii) in paragraph (2), by striking ‘‘the
16
Administrator of the Office of Electronic
17
Government’’ and inserting ‘‘the Federal
18
Chief Information Officer’’;
19
(C) in subsection (b), by striking ‘‘Admin-
20
istrator’’ each place it appears and inserting
21
‘‘Federal Chief Information Officer’’; and
22
(D) in subsection (c), by striking ‘‘the Ad-
23
ministrator’’ and inserting ‘‘the Federal Chief
24
Information Officer’’.
25
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(5) PROGRAM TO ENCOURAGE INNOVATIVE SO-
1
LUTIONS TO ENHANCE ELECTRONIC GOVERNMENT
2
SERVICES AND PROCESSES.—Section 3605 of title
3
44, United States Code, is amended—
4
(A) in subsection (a), by striking ‘‘The Ad-
5
ministrator’’ and inserting ‘‘The Federal Chief
6
Information Officer’’;
7
(B) in subsection (b), by striking ‘‘, the
8
Administrator,’’ and inserting ‘‘, the Federal
9
Chief Information Officer,’’; and
10
(C) in subsection (c)—
11
(i) in paragraph (1)—
12
(I) by striking ‘‘The Adminis-
13
trator’’ and inserting ‘‘The Federal
14
Chief Information Officer’’; and
15
(II) by striking ‘‘proposals sub-
16
mitted to the Administrator’’ and in-
17
serting ‘‘proposals submitted to the
18
Federal Chief Information Officer’’;
19
(ii) in paragraph (2)(B), by striking
20
‘‘the Administrator’’ and inserting ‘‘the
21
Federal Chief Information Officer’’; and
22
(iii) in paragraph (4)—
23
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(I) by striking ‘‘the Adminis-
1
trator’’ and inserting ‘‘the Federal
2
Chief Information Officer’’; and
3
(II) by striking ‘‘E–Government
4
Fund’’ and inserting ‘‘Federal IT
5
Fund’’.
6
(6) E-GOVERNMENT REPORT.—Section 3606 of
7
title 44, United States Code, is amended—
8
(A) in the heading, by striking ‘‘E–Gov-
9
ernment’’ and inserting ‘‘Annual’’; and
10
(B) in subsection (a), by striking ‘‘an E–
11
Government status report to the Committee on
12
Governmental Affairs of the Senate and the
13
Committee on Government Reform of the
14
House of Representatives’’ and inserting ‘‘a re-
15
port to the Committee on Homeland Security
16
and Governmental Affairs of the Senate and the
17
Committee on Oversight and Government Re-
18
form of the House of Representatives’’.
19
(7) TREATMENT
OF
INCUMBENT.—The indi-
20
vidual serving as the Administrator of the Office of
21
Electronic Government under section 3602 of title
22
44, United States Code, as of the date of the enact-
23
ment of this Act, may continue to serve as the Fed-
24
eral Chief Information Officer commencing as of
25
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that date, without further appointment under such
1
section.
2
(8) REFERENCES.—Any reference to the Ad-
3
ministrator of the Office of Electronic Government
4
in any law, regulation, document, record, or other
5
paper of the United States shall be deemed to be a
6
reference to the Federal Chief Information Officer.
7
(9) TECHNICAL
AND
CONFORMING
AMEND-
8
MENTS.—
9
(A) TABLE OF SECTIONS FOR CHAPTER 36
10
OF TITLE 44.—The table of sections for chapter
11
36 of title 44, United States Code, is amend-
12
ed—
13
(i) by striking the item relating to sec-
14
tion 3602 and inserting the following new
15
item:
16
‘‘3602. Office of the Federal Chief Information Officer.’’;
(ii) by striking the item relating to
17
section 3604 and inserting the following
18
new item:
19
‘‘3604. Federal IT Fund.’’;
and
20
(iii) in the item relating to section
21
3606, by striking ‘‘E–Government’’ and in-
22
serting ‘‘Annual’’.
23
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(B) PRESIDENTIAL INNOVATION FELLOWS
1
PROGRAM
ADVISORY
BOARD.—Section
2
3172(b)(3) of title 5, United States Code, is
3
amended by striking ‘‘the Administrator of the
4
Office of Electronic Government of the Office of
5
Management and Budget’’ and inserting ‘‘the
6
Federal Chief Information Officer’’.
7
(C) POSITIONS
AT
LEVEL
III.—Section
8
5314 of title 5, United States Code, is amended
9
by striking ‘‘Administrator of the Office of
10
Electronic Government’’ and inserting ‘‘Federal
11
Chief Information Officer’’.
12
(D) TABLE OF SECTIONS FOR CHAPTER 5
13
OF TITLE 31.—The table of sections for chapter
14
5 of subtitle I of title 31, United States Code,
15
is amended by striking the item relating to sec-
16
tion 507 and inserting the following new item:
17
‘‘507. Office of the Federal Chief Information Officer.’’.
(E) OFFICE
OF
ELECTRONIC
GOVERN-
18
MENT.—Section 507 of title 31, United States
19
Code, is amended—
20
(i) in the heading, by striking ‘‘OF-
21
FICE OF ELECTRONIC GOVERNMENT’’
22
and inserting ‘‘OFFICE
OF
THE
FED-
23
ERAL CHIEF INFORMATION OFFICER’’;
24
and
25
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(ii) by striking ‘‘The Office of Elec-
1
tronic Government’’ and inserting ‘‘The
2
Office of the Federal Chief Information
3
Officer’’.
4
(F) PROGRAM
MANAGEMENT
IMPROVE-
5
MENT OFFICERS AND PROGRAM MANAGEMENT
6
POLICY COUNCIL.—Section 1126(b)(3)(A)(i)(II)
7
of title 31, United States Code, is amended by
8
striking ‘‘The Administrator of the Office of
9
Electronic Government’’ and inserting ‘‘The
10
Federal Chief Information Officer’’.
11
(G) ELECTRONIC
GOVERNMENT
AND
IN-
12
FORMATION
TECHNOLOGIES.—Section 305 of
13
title 40, United States Code, is amended by
14
striking ‘‘the Administrator of the Office of
15
Electronic Government’’ and inserting ‘‘the
16
Federal Chief Information Officer’’.
17
(H) CAPITAL PLANNING AND INVESTMENT
18
CONTROL.—Section 11302(c)(4) of title 40,
19
United States Code, is amended by striking
20
‘‘the Administrator of the Office of Electronic
21
Government’’ each place it appears and insert-
22
ing ‘‘the Federal Chief Information Officer’’.
23
(I) RESOURCES, PLANNING, AND
PORT-
24
FOLIO
MANAGEMENT.—Section 11319(d) of
25
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title 40, United States Code, is amended by
1
striking ‘‘Administrator of the Office of Elec-
2
tronic Government’’ each place it appears and
3
inserting ‘‘Federal Chief Information Officer’’.
4
(J) E-GOVERNMENT ACT OF 2002.—Sec-
5
tion 207(f)(3)(C) of the E-Government Act of
6
2002 (Public Law 107–347; 44 U.S.C. 3501
7
note) is amended by striking ‘‘the Adminis-
8
trator of the Office of Electronic Government’’
9
and inserting ‘‘the Federal Chief Information
10
Officer’’.
11
(b) ESTABLISHMENT OF CHIEF INFORMATION SECU-
12
RITY OFFICER AND REPORT ON IT EXPENDITURES.—
13
(1) IN
GENERAL.—Chapter 36 of title 44,
14
United States Code, is further amended by adding
15
at the end the following new sections:
16
‘‘§ 3607. Federal Chief Information Security Officer
17
‘‘(a) ESTABLISHMENT.—There is established in the
18
Office of Management and Budget a Federal Chief Infor-
19
mation Security Officer, who shall—
20
‘‘(1) be appointed by the President;
21
‘‘(2) be within the Office of the Federal Chief
22
Information Officer; and
23
‘‘(3) report directly to the Federal Chief Infor-
24
mation Officer.
25
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‘‘(b) DUTIES.—The Federal Chief Information Secu-
1
rity Officer shall—
2
‘‘(1) direct the cybersecurity efforts of the Of-
3
fice of Management and Budget;
4
‘‘(2) carry out the duties of the Director related
5
to the security of information and information sys-
6
tems for agencies, including the duties and respon-
7
sibilities assigned to the Director under subchapter
8
II of chapter 35; and
9
‘‘(3) carry out such other duties and powers as-
10
signed by the President, the Director, or the Federal
11
Chief Information Officer.
12
‘‘§ 3608. Technology investment planning and over-
13
sight process
14
‘‘(a) REPORT ON INFORMATION TECHNOLOGY EX-
15
PENDITURES.—The head of each agency shall submit to
16
the Federal Chief Information Officer a report on any ex-
17
penditure on information technology by that agency.
18
‘‘(b) IMPLEMENTATION.—The Director shall estab-
19
lish a process to implement subsection (a), and may up-
20
date such process, as necessary, that shall—
21
‘‘(1) use a widely accepted industry standard
22
taxonomy with common data elements and defini-
23
tions; and
24
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‘‘(2) display, on a website accessible to the pub-
1
lic, timely, searchable, computer-readable data on
2
the information technology expenditures, projects,
3
and programs of agencies, if such information would
4
otherwise be subject to public disclosure under sec-
5
tion 552 of title 5, commonly known as the Freedom
6
of Information Act.’’.
7
(2) CLERICAL AMENDMENT.—The table of sec-
8
tions for chapter 36 of title 44, United States Code,
9
is further amended by adding at the end the fol-
10
lowing new item:
11
‘‘3607. Federal Chief Information Security Officer.
‘‘3608. Technology investment planning and oversight process.’’.
(3) DEADLINE.—Not later than 180 days after
12
the date of the enactment of this Act, the Director
13
shall establish the process described in section
14
3608(b) of title 44, United States Code, as added by
15
paragraph (1).
16
(4) REPORT
TO
CONGRESS.—Not later than
17
120 days after the date of the enactment of this Act,
18
the Federal Chief Information Officer shall submit
19
to the Committee on Oversight and Government Re-
20
form of the House of Representatives and the Com-
21
mittee on Homeland Security and Governmental Af-
22
fairs of the Senate a report on the status of estab-
23
lishing the process described in section 3608(b) of
24
V
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