89–006 

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 

2 

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). 3See, 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). 4The 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). 

6The Federal Information Security Modernization Act of 2014, Pub. L. No. 113–283, 128 Stat. 

3073 (2014). 

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. 

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

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

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 

3 

7The Federal Information Technology Acquisition and Reform Act of 2014, Pub. L. No. 113– 

291, Title VIII, Subtitle D, 831, 128 Stat. 3438 (2014). 

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. 

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. 

4 

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. 

5 

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 

6 

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. 

ø3602. Office of Electronic Government.¿ 

7 

3602. Office of the Federal Chief Information Officer. 

3603. Chief Information Officers Council. 

ø3604. E-Government Fund.¿ 

3604. Federal IT Fund. 

3605. Program to encourage innovative solutions to enhance electronic Government 

services and processes. 

3606. øE-Government¿ Annual report. 

3607. Federal Chief Information Security Officer. 

3608. Technology investment planning and oversight process. 

§ 3601. Definitions 

In this chapter, the definitions under section 3502 shall apply, 

and the term— 

ø(1) ‘‘Administrator’’ means the Administrator of the Office 

of Electronic Government established under section 3602;¿ 

ø(2)¿ (1) ‘‘Council’’ means the Chief Information Officers 

Council established under section 3603; 

ø(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; 

ø(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; 

ø(5)¿ (4) ‘‘Fund’’ means the øE-Government Fund¿ Federal 

IT Fund established under section 3604; 

ø(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; 

ø(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 

ø(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 servVerDate Sep 11 2014 04:21 Oct 16, 2018 Jkt 089006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR987.XXX HR987
8 

ices 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.). 

§ 3602. øOffice of Electronic Government¿ Office of the Federal Chief Information Officer 

(a) There is established in the Office of Management and Budget 

an øOffice of Electronic Government¿ Office of the Federal Chief Information Officer. 

(b) There shall be at the head of the Office øan Administrator¿ 

a Federal Chief Information Officer who shall be appointed by the 

President and who shall report directly to the Director. 

(c) øThe 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) øThe 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) øThe 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, øthe Administrator¿ 

the Federal Chief Information Officer shall assist the Director by 

performing electronic Government functions as follows: 

9 

(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 øE-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 

10 

(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 Internetbased 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 øthe 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 øthe 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. 

11 

§ 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) øThe 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) øThe 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 øthe 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 øthe Administrator¿ the Federal 

Chief Information Officer to develop recommendations on information technology standards developed under section 20 of the 

12 

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. 

§ 3604. øE-Government Fund¿ Federal IT Fund 

(a)(1) There is established in the Treasury of the United States 

the øE-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 øthe 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 øAdministrator¿ 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 

13 

(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 

øAdministrator¿ 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 øAdministrator¿ 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, 

øthe 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; 

14 

(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. 

§ 3605. Program to encourage innovative solutions to enhance electronic Government services and processes 

(a) ESTABLISHMENT OF PROGRAM.—øThe 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 programø, 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 

15 

the development and enhancement of electronic Government services and processes. 

(c) MULTIAGENCY TECHNICAL ASSISTANCE TEAM.—(1) øThe 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 øproposals 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 øthe 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, øthe Administrator¿ the Federal Chief 

Information Officer shall consider recommending appropriate 

proposals for funding under the øE-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. 

§ 3606. øE-Government¿ Annual report 

(a) Not later than March 1 of each year, the Director shall submit øan 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. 

§ 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; 

16 

(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. 

§ 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 

* * * * * * * 

17 

§ 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) øthe 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 

* * * * * * * 

§ 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. 

18 

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. 

19 

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. 

20 

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. 

øAdministrator 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. 

* * * * * * * 

ø507. Office of Electronic Government.¿ 

507. Office of the Federal Chief Information Officer. 

* * * * * * * 

21 

SUBCHAPTER I—ORGANIZATION 

* * * * * * * 

§ 507. øOffice of Electronic Government¿ Office of the Federal Chief Information Officer 

øThe 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 

* * * * * * * 

§ 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 exVerDate Sep 11 2014 04:21 Oct 16, 2018 Jkt 089006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6601 E:\HR\OC\HR987.XXX HR987
22 

tent 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) øThe 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. 

23 

(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 

* * * * * * * 

§ 305. Electronic Government and information technologies 

The Administrator of General Services shall consult with øthe 

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 

* * * * * * * 

24 

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT 

AND BUDGET 

* * * * * * * 

§ 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 INVEST- MENTS.—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 

25 

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 øthe 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) øthe Administrator of the Office of Electronic Government¿ the Federal Chief Information Officer shall comVerDate Sep 11 2014 04:21 Oct 16, 2018 Jkt 089006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6601 E:\HR\OC\HR987.XXX HR987
26 

municate 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 øthe 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 

27 

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 TECH- NOLOGY.—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 

* * * * * * * 

§ 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 multiyear 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 

28 

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)); 

29 

(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 RE- SOURCE 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 øAdministrator 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 ManageVerDate Sep 11 2014 04:21 Oct 16, 2018 Jkt 089006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6601 E:\HR\OC\HR987.XXX HR987
30 

ment 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 øAdministrator of the Office of Electronic Government¿ Federal Chief Information Officer. (5) QUARTERLY REPORTS.— (A) IN GENERAL.—The øAdministrator 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— 

31 

(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 

32 

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; 

33 

(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 GOVERN- MENT 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, øthe 

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.— 

34 

(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; 

35 

(II) collaboration among those conducting Federal research and development; 

(III) the transfer of technology among Federal 

agencies and between Federal agencies and nonFederal 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. 

Æ