HR 4670 IH

To establish an Office of Information Technology in the Executive Office of the President.

June 15, 2000

Mr. TURNER introduced the following bill; which was referred to the Committee on Government Reform

To establish an Office of Information Technology in the Executive Office of the President.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION. 1. SHORT TITLE.

This Act may be cited as the `Chief Information Officer of the United States Act of 2000'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Congress finds the following:

(1) Information technology is rapidly transforming social relations, political processes, and the economies of the United States and countries around the world.

(2) The Federal Government is not taking full advantage of the opportunities provided by information technology to more efficiently and effectively perform Governmental functions, including more timely and effective delivery of services to the public and more cost-effective Government operations.

(3) Federal agencies are not complying with existing statutory requirements to improve the management of information technology and related information resources, including establishing information technology investment control processes, providing adequate protections for personal privacy and information security, systematically managing records maintained in electronic formats, and developing effective tools for delivering services to the public through the Internet.

(4) New leadership at the highest levels of the Federal Government is required to improve significantly agency development, application, and management of information technology and related information resources, and to enhance the ability of the Office of Management and Budget to oversee agency information resources management under chapter 35 of title 44, United States Code.

(5) The rapidly expanding use of the Internet as a means for providing services to the public calls for a Federal Government-wide effort to bridge the digital divide and bring the promise of the Information Age to all members of the public, while maintaining the security and privacy required by laws such as the Government Paperwork Elimination Act (title XVII of Pub. Law 105-277; 112 Stat. 2681-749) and the provisions enacted by the Computer Security Act of 1987 (Pub. Law 100-235; 101 Stat. 1724).

(6) The information technology available to the Federal Government to provide services to the public calls for new approaches across agencies to provide consolidated points of public access to those services.

(b) PURPOSES- The purposes of this Act are the following:

(1) To establish a central focal point to provide effective leadership for efforts by the Federal Government to use information technology to more efficiently and effectively perform governmental functions.

(2) To provide a mechanism for improved coordination among Federal agencies for the development, application, and management of information technology and related information resources by the Federal Government.

(3) To create opportunities for innovation in the development, application, and management of information technology and related information resources by the Federal Government.

SEC. 3. OFFICE OF INFORMATION TECHNOLOGY.

(a) ESTABLISHMENT- There is established in the Executive Office of the President an Office of Information Technology (hereinafter in this Act referred to as the `Office'). The purpose of the Office shall be to serve as a source of technical, policy, and management analysis, leadership, and advice for the President and agencies with respect to the development, application, and management of information technology by the Federal Government.

(b) CHIEF INFORMATION OFFICER OF THE UNITED STATES-

(1) HEAD OF OFFICE- There shall be at the head of the Office a Chief Information Officer of the United States (hereinafter in this Act referred to as the `Chief Information Officer'), who shall serve as a special assistant to, and report directly to, the President. The Chief Information Officer shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have demonstrated through practical experience in the public or private sectors knowledge, skills, and leadership abilities in the management and innovative use of information technology necessary for the performance of the functions required under this Act.

(2) FUNCTIONS- The Chief Information Officer shall, to the extent that the President determines appropriate and in the interest of the United States--

(A) be the principal adviser to the President on matters relating to the development, application, and management of information technology by the Federal Government; and

(B) in addition to such other functions and activities as the President may assign--

(i) advise the President on opportunities to use information technology to improve the efficiency and effectiveness of programs and operations of the Federal Government;

(ii) review and recommend to the President and the Director of the Office of Management and Budget changes to the budget and legislative proposals of agencies to ensure more efficient and effective use of information technology to serve agency missions, including enhanced service delivery to the public;

(iii) provide leadership in innovative uses of information technology by agencies through support of experimentation, testing, and adoption of innovative concepts and technologies, particularly with regard to multi-agency initiatives;

(iv) identify opportunities, and coordinate major multi-agency information technology initiatives, to improve communication and data exchange among all levels of government and with the public, including by providing consolidated points of public access to government services;

(v) promote agency investments in information technology that enhance service delivery to the public, improve cost-effective government operations, and serve such other objectives determined to be critical by the President;

(vi) advise the Director of the Office of Management and Budget to ensure effective implementation of the functions and responsibilities assigned under chapter 35 of title 44, United States Code;

(vii) serve as the chairperson of the Chief Information Officers Council established under section 4;

(viii) direct, at his discretion, the use by the Administrator of General Services of available budget authority in the Information Technology Fund established by section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757);

(ix) consult with the heads of agencies that operate national security systems to ensure effective communication among all agencies concerning experiences in best practices in the development, application, and management of information technology; and

(x) consult with leaders in information technology management in State governments (including the National Association of State Information Resources Executives), the private sector, and foreign governments to increase understanding of, and collaboration on, best practices and innovative approaches for the development, application, and management of information technology.

(3) ANNUAL REPORT- The Chief Information Officer shall submit an annual report to the President and Congress describing--

(A) efforts undertaken by the Chief Information Officer to improve the development, application, and management of information technology, including--

(i) the results of major information technology initiatives, including those funded by the Information Technology Fund; and

(ii) recommendations to improve Federal policies and practices with regard to the development, application, and management of information technology; and

(B) the results of major activities undertaken by the Chief Information Officers Council to carry out the functions described in section 4.

(4) COMPENSATION- Section 5312 of title 5, United States Code, is amended by adding at the end the following:

`Chief Information Officer of the United States.'

(c) EMPLOYEES- The Chief Information Officer shall appoint the employees of the Office, but the Office shall have no more than twelve employees.

SEC. 4. CHIEF INFORMATION OFFICERS COUNCIL.

(a) ESTABLISHMENT- There is established in the executive branch a Chief Information Officers Council (hereinafter in this Act referred to as the `Council').

(b) MEMBERSHIP- The members of the Chief Information Officers Council shall be as follows:

(1) The chief information officer of each agency that is described in section 901(b) of title 31, United States Code.

(2) The chief information officer of any agency designated by the Chief Information Officer.

(3) The Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget.

(4) Any other officers or employees of the United States designated by the Chief Information Officer.

(c) ADMINISTRATIVE PROVISIONS-

(1) CHAIRMAN- The Chief Information Officer shall be the Chairman of the Council.

(2) DEPUTY CHAIRMAN-

(A) The Deputy Chairman of the Council shall be selected by the Council from among its members.

(B) The Deputy Chairman shall serve a one-year term, and may serve multiple terms.

(3) SUPPORT- The Administrator of General Services shall provide administrative and other support for the Council, including resources provided through the Information Technology Fund established by section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757).

(d) FUNCTIONS- The Council shall--

(1) assist and advise in the development and implementation of Federal policies and practices

with regard to agency development, application, and management of information technology;

(2) assist and advise the Chief Information Officer and the Director of the Office of Management and Budget in developing and maintaining the Government-wide strategic information resources management plan required by section 3506 of title 44, United States Code;

(3) assist and advise the Chief Information Officer in the selection and coordination of--

(A) multi-agency initiatives to improve the performance of agency missions through the use of information technology; and

(B) pilot projects to test alternative approaches for agencies to plan for, acquire, and manage information technology;

(4) coordinate and monitor the development and use of common performance measures for agency information resources management activities;

(5) coordinate the acquisition and provision of common infrastructure services to facilitate communication and data exchange among agencies and with State, local, and tribal governments;

(6) review and make recommendations to address the hiring, training, classification, and professional development needs of agencies with regard to the development, application, and management of information technology;

(7) review and make recommendations with regard to information technology standards, including those developed under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) and section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441);

(8) consult with appropriate individuals and organizations at all levels of government and the private sector to enhance understanding of opportunities to improve the development, application, and management of information technology to serve public needs; and

(9) consult with appropriate agencies to facilitate effective participation by the Federal Government in international information-related activities and organizations.

SEC. 5. NATIONAL SECURITY SYSTEMS.

(a) INAPPLICABILITY OF ACT TO NATIONAL SECURITY SYSTEMS- This Act does not apply to national security systems, as that term is defined by section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).

(b) REQUIREMENTS- The head of an agency responsible for a national security system shall--

(1) comply with the provisions of this Act with regard to information technology other than such national security system; and

(2) consult with the Chief Information Officer to ensure effective communication concerning best practices experiences in the development, application, and management of information technology.

SEC. 6. DEFINITIONS.

The definitions in section 3502 of title 44, United States Code, shall apply with respect to this Act.

SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.

(a) TITLE 44, U.S.C- (1) Section 3503(b) of title 44, United States Code, is amended in the second sentence by inserting before the period the following: `, and shall coordinate all such functions with the Chief Information Officer of the United States'.

(2) Section 3504(a)(2) of title 44, United States Code, is amended by inserting before the period the following: `and in consultation with the Chief Information Officer of the United States'.

(b) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT- Section 110(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757(a)), is amended by inserting at the end the following:

`(3) The Administrator's decisions with regard to obligations of, and expenditures from, the Fund shall be subject to direction by the Chief Information Officer of the United States.'.

SEC. 8. FTS 2000 PROGRAM.

The authority of the Chief Information Officer under this Act to direct the use by the Administrator of General Services of available budget authority in the Information Technology Fund established by section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757) is subject to the limitation provided under section 5124(b) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b)) with regard to the Administrator's management of the FTS 2000 program and any follow-on to the program.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act, to remain available until expended, such sums as may be necessary for each of fiscal years 2001 through 2005.

SEC. 10. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on the date that is 60 days after the date of the enactment of this Act.

END