IIB 

116TH CONGRESS 

1ST SESSION H. R. 247 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2019 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend chapter 36 of title 44, United States Code, to 

make certain changes relating to electronic Government 

services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal CIO Author3 ization Act of 2019’’. 

4 SEC. 2. CHANGES RELATING TO ELECTRONIC GOVERN5 MENT SERVICES. 

6 (a) CHANGE OF CERTAIN NAMES IN CHAPTER 36 OF

7 TITLE 44.— 

8 (1) DEFINITIONS.—Section 3601 of title 44, 

9 United States Code, is amended— 

10 (A) by striking paragraph (1); 

11 (B) by redesignating paragraphs (2) 

12 through (8) as paragraphs (1) through (7), re13 spectively; and 

14 (C) in paragraph (4), as so redesignated, 

15 by striking ‘‘E–Government Fund’’ and insert16 ing ‘‘Federal IT Fund’’. 

17 (2) OFFICE OF ELECTRONIC GOVERNMENT.— 

18 Section 3602 of title 44, United States Code, is 

19 amended— 

20 (A) in the heading, by striking ‘‘OFFICE

21 OF ELECTRONIC GOVERNMENT’’ and insert22 ing ‘‘OFFICE OF THE FEDERAL CHIEF IN23 FORMATION OFFICER’’; 

24 (B) in subsection (a), by striking ‘‘Office 

25 of Electronic Government’’ and inserting ‘‘Of26 fice of the Federal Chief Information Officer’’; 


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1 (C) in subsection (b)— 

2 (i) by striking ‘‘an Administrator’’ 

3 and inserting ‘‘a Federal Chief Information 

4 Officer’’; and 

5 (ii) by inserting before the period at 

6 the end the following: ‘‘and who shall re7 port directly to the Director’’; 

8 (D) in subsection (c), by striking ‘‘The Ad9 ministrator’’ and inserting ‘‘The Federal Chief 

10 Information Officer’’; 

11 (E) in subsection (d), by striking ‘‘The Ad12 ministrator’’ and inserting ‘‘The Federal Chief 

13 Information Officer’’; 

14 (F) in subsection (e), by striking ‘‘The Ad15 ministrator’’ and inserting ‘‘The Federal Chief 

16 Information Officer’’; 

17 (G) in subsection (f)— 

18 (i) in the matter preceding paragraph 

19 (1), by striking ‘‘the Administrator’’ and 

20 inserting ‘‘the Federal Chief Information 

21 Officer’’; 

22 (ii) in paragraph (5), by striking ‘‘E– 

23 Government Fund’’ and inserting ‘‘Federal 

24 IT Fund’’; 


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1 (iii) in paragraph (16), by striking 

2 ‘‘the Office of Electronic Government’’ and 

3 inserting ‘‘the Office of the Federal Chief 

4 Information Officer’’; and 

5 (iv) by adding at the end the following 

6 new paragraph: 

7 ‘‘(18) Oversee the Federal Chief Information 

8 Security Officer.’’; and 

9 (H) in subsection (g), by striking ‘‘the Of10 fice of Electronic Government’’ and inserting 

11 ‘‘the Office of the Federal Chief Information 

12 Officer’’. 

13 (3) CHIEF INFORMATION OFFICERS COUNCIL.— 

14 Section 3603 of title 44, United States Code, is 

15 amended— 

16 (A) in subsection (b)(2), by striking ‘‘The 

17 Administrator of the Office of Electronic Gov18 ernment’’ and inserting ‘‘The Federal Chief In19 formation Officer’’; 

20 (B) in subsection (c)(1), by striking ‘‘The 

21 Administrator of the Office of Electronic Gov22 ernment’’ and inserting ‘‘The Federal Chief In23 formation Officer’’; and 

24 (C) in subsection (f)— 


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1 (i) in paragraph (3), by striking ‘‘the 

2 Administrator’’ and inserting ‘‘the Federal 

3 Chief Information Officer’’; and 

4 (ii) in paragraph (5), by striking ‘‘the 

5 Administrator’’ and inserting ‘‘the Federal 

6 Chief Information Officer’’. 

7 (4) E-GOVERNMENT FUND.—Section 3604 of 

8 title 44, United States Code, is amended— 

9 (A) in the heading, by striking ‘‘E–GOV10 ERNMENT FUND’’ and inserting ‘‘FEDERAL

11 IT FUND’’; 

12 (B) in subsection (a)— 

13 (i) in paragraph (1), by striking ‘‘E– 

14 Government Fund’’ and inserting ‘‘Federal 

15 IT Fund’’; and 

16 (ii) in paragraph (2), by striking ‘‘the 

17 Administrator of the Office of Electronic 

18 Government’’ and inserting ‘‘the Federal 

19 Chief Information Officer’’; 

20 (C) in subsection (b), by striking ‘‘Admin21 istrator’’ each place it appears and inserting 

22 ‘‘Federal Chief Information Officer’’; and 

23 (D) in subsection (c), by striking ‘‘the Ad24 ministrator’’ and inserting ‘‘the Federal Chief 

25 Information Officer’’. 


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1 (5) PROGRAM TO ENCOURAGE INNOVATIVE SO2 LUTIONS TO ENHANCE ELECTRONIC GOVERNMENT

3 SERVICES AND PROCESSES.—Section 3605 of title 

4 44, United States Code, is amended— 

5 (A) in subsection (a), by striking ‘‘The Ad6 ministrator’’ and inserting ‘‘The Federal Chief 

7 Information Officer’’; 

8 (B) in subsection (b), by striking ‘‘, the 

9 Administrator,’’ and inserting ‘‘, the Federal 

10 Chief Information Officer,’’; and 

11 (C) in subsection (c)— 

12 (i) in paragraph (1)— 

13 (I) by striking ‘‘The Adminis14 trator’’ and inserting ‘‘The Federal 

15 Chief Information Officer’’; and 

16 (II) by striking ‘‘proposals sub17 mitted to the Administrator’’ and in18 serting ‘‘proposals submitted to the 

19 Federal Chief Information Officer’’; 

20 (ii) in paragraph (2)(B), by striking 

21 ‘‘the Administrator’’ and inserting ‘‘the 

22 Federal Chief Information Officer’’; and 

23 (iii) in paragraph (4)— 


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1 (I) by striking ‘‘the Adminis2 trator’’ and inserting ‘‘the Federal 

3 Chief Information Officer’’; and 

4 (II) by striking ‘‘E–Government 

5 Fund’’ and inserting ‘‘Federal IT 

6 Fund’’. 

7 (6) E-GOVERNMENT REPORT.—Section 3606 of 

8 title 44, United States Code, is amended— 

9 (A) in the heading, by striking ‘‘E–Gov10 ernment’’ and inserting ‘‘Annual’’; and 

11 (B) in subsection (a), by striking ‘‘an E– 

12 Government status report to the Committee on 

13 Governmental Affairs of the Senate and the 

14 Committee on Government Reform of the 

15 House of Representatives’’ and inserting ‘‘a re16 port to the Committee on Homeland Security 

17 and Governmental Affairs of the Senate and the 

18 Committee on Oversight and Government Re19 form of the House of Representatives’’. 

20 (7) TREATMENT OF INCUMBENT.—The indi21 vidual serving as the Administrator of the Office of 

22 Electronic Government under section 3602 of title 

23 44, United States Code, as of the date of the enact24 ment of this Act, may continue to serve as the Fed25 eral Chief Information Officer commencing as of 


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1 that date, without further appointment under such 

2 section. 

3 (8) REFERENCES.—Any reference to the Ad4 ministrator of the Office of Electronic Government 

5 in any law, regulation, document, record, or other 

6 paper of the United States shall be deemed to be a 

7 reference to the Federal Chief Information Officer. 

8 (9) TECHNICAL AND CONFORMING AMEND9 MENTS.— 

10 (A) TABLE OF SECTIONS FOR CHAPTER 36 

11 OF TITLE 44.—The table of sections for chapter 

12 36 of title 44, United States Code, is amend13 ed— 

14 (i) by striking the item relating to sec15 tion 3602 and inserting the following new 

16 item: 

‘‘3602. Office of the Federal Chief Information Officer.’’; 

17 (ii) by striking the item relating to 

18 section 3604 and inserting the following 

19 new item: 

‘‘3604. Federal IT Fund.’’; 

20 and 

21 (iii) in the item relating to section 

22 3606, by striking ‘‘E–Government’’ and in23 serting ‘‘Annual’’. 


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1 (B) PRESIDENTIAL INNOVATION FELLOWS

2 PROGRAM ADVISORY BOARD.—Section 

3 3172(b)(3) of title 5, United States Code, is 

4 amended by striking ‘‘the Administrator of the 

5 Office of Electronic Government of the Office of 

6 Management and Budget’’ and inserting ‘‘the 

7 Federal Chief Information Officer’’. 

8 (C) POSITIONS AT LEVEL III.—Section 

9 5314 of title 5, United States Code, is amended 

10 by striking ‘‘Administrator of the Office of 

11 Electronic Government’’ and inserting ‘‘Federal 

12 Chief Information Officer’’. 

13 (D) TABLE OF SECTIONS FOR CHAPTER 5 

14 OF TITLE 31.—The table of sections for chapter 

15 5 of subtitle I of title 31, United States Code, 

16 is amended by striking the item relating to sec17 tion 507 and inserting the following new item: 

‘‘507. Office of the Federal Chief Information Officer.’’. 

18 (E) OFFICE OF ELECTRONIC GOVERN19 MENT.—Section 507 of title 31, United States 

20 Code, is amended— 

21 (i) in the heading, by striking ‘‘OF22 FICE OF ELECTRONIC GOVERNMENT’’ 

23 and inserting ‘‘OFFICE OF THE FED24 ERAL CHIEF INFORMATION OFFICER’’; 

25 and 


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1 (ii) by striking ‘‘The Office of Elec2 tronic Government’’ and inserting ‘‘The 

3 Office of the Federal Chief Information 

4 Officer’’. 

5 (F) PROGRAM MANAGEMENT IMPROVE6 MENT OFFICERS AND PROGRAM MANAGEMENT

7 POLICY COUNCIL.—Section 1126(b)(3)(A)(i)(II) 

8 of title 31, United States Code, is amended by 

9 striking ‘‘The Administrator of the Office of 

10 Electronic Government’’ and inserting ‘‘The 

11 Federal Chief Information Officer’’. 

12 (G) ELECTRONIC GOVERNMENT AND IN13 FORMATION TECHNOLOGIES.—Section 305 of 

14 title 40, United States Code, is amended by 

15 striking ‘‘the Administrator of the Office of 

16 Electronic Government’’ and inserting ‘‘the 

17 Federal Chief Information Officer’’. 

18 (H) CAPITAL PLANNING AND INVESTMENT

19 CONTROL.—Section 11302(c)(4) of title 40, 

20 United States Code, is amended by striking 

21 ‘‘the Administrator of the Office of Electronic 

22 Government’’ each place it appears and insert23 ing ‘‘the Federal Chief Information Officer’’. 

24 (I) RESOURCES, PLANNING, AND PORT25 FOLIO MANAGEMENT.—Section 11319(d) of 


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1 title 40, United States Code, is amended by 

2 striking ‘‘Administrator of the Office of Elec3 tronic Government’’ each place it appears and 

4 inserting ‘‘Federal Chief Information Officer’’. 

5 (J) E-GOVERNMENT ACT OF 2002.—Sec6 tion 207(f)(3)(C) of the E-Government Act of 

7 2002 (Public Law 107–347; 44 U.S.C. 3501 

8 note) is amended by striking ‘‘the Adminis9 trator of the Office of Electronic Government’’ 

10 and inserting ‘‘the Federal Chief Information 

11 Officer’’. 

12 (b) ESTABLISHMENT OF CHIEF INFORMATION SECU13 RITY OFFICER AND REPORT ON IT EXPENDITURES.— 

14 (1) IN GENERAL.—Chapter 36 of title 44, 

15 United States Code, is further amended by adding 

16 at the end the following new sections: 

17 ‘‘§ 3607. Federal Chief Information Security Officer 

18 ‘‘(a) ESTABLISHMENT.—There is established in the 

19 Office of Management and Budget a Federal Chief Infor20 mation Security Officer, who shall— 

21 ‘‘(1) be appointed by the President; 

22 ‘‘(2) be within the Office of the Federal Chief 

23 Information Officer; and 

24 ‘‘(3) report directly to the Federal Chief Infor25 mation Officer. 


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1 ‘‘(b) DUTIES.—The Federal Chief Information Secu2 rity Officer shall— 

3 ‘‘(1) direct the cybersecurity efforts of the Of4 fice of Management and Budget; 

5 ‘‘(2) carry out the duties of the Director related 

6 to the security of information and information sys7 tems for agencies, including the duties and respon8 sibilities assigned to the Director under subchapter 

9 II of chapter 35; and 

10 ‘‘(3) carry out such other duties and powers as11 signed by the President, the Director, or the Federal 

12 Chief Information Officer. 

13 ‘‘§ 3608. Technology investment planning and over14 sight process 

15 ‘‘(a) REPORT ON INFORMATION TECHNOLOGY EX16 PENDITURES.—The head of each agency shall submit to 

17 the Federal Chief Information Officer a report on any ex18 penditure on information technology by that agency. 

19 ‘‘(b) IMPLEMENTATION.—The Director shall estab20 lish a process to implement subsection (a), and may up21 date such process, as necessary, that shall— 

22 ‘‘(1) use a widely accepted industry standard 

23 taxonomy with common data elements and defini24 tions; and 


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1 ‘‘(2) display, on a website accessible to the pub2 lic, timely, searchable, computer-readable data on 

3 the information technology expenditures, projects, 

4 and programs of agencies, if such information would 

5 otherwise be subject to public disclosure under sec6 tion 552 of title 5, commonly known as the Freedom 

7 of Information Act.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions for chapter 36 of title 44, United States Code, 

10 is further amended by adding at the end the fol11 lowing new item: 

‘‘3607. Federal Chief Information Security Officer. 

‘‘3608. Technology investment planning and oversight process.’’. 

12 (3) DEADLINE.—Not later than 180 days after 

13 the date of the enactment of this Act, the Director 

14 shall establish the process described in section 

15 3608(b) of title 44, United States Code, as added by 

16 paragraph (1). 

17 (4) REPORT TO CONGRESS.—Not later than 

18 120 days after the date of the enactment of this Act, 

19 the Federal Chief Information Officer shall submit 

20 to the Committee on Oversight and Government Re21 form of the House of Representatives and the Com22 mittee on Homeland Security and Governmental Af23 fairs of the Senate a report on the status of estab24 lishing the process described in section 3608(b) of 


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1 title 44, United States Code, as added by paragraph 

2 (1). 

3 SEC. 3. PROPOSAL RELATED TO SHARED SERVICES. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Federal Chief Information Officer 

6 shall submit to Congress a proposal for consolidating in7 formation technology across the Federal Government, es8 pecially among Federal agencies not referred to under sec9 tion 901(b) of title 31, United States Code, and increasing 

10 the use of shared services, including any recommendations 

11 for legislative changes that may be necessary to effect the 

12 proposal. 

13 SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. 

14 No additional funds are authorized to be appro15 priated to carry out this Act and the amendments made 

16 by this Act. This Act and the amendments made by this 

17 Act shall be carried out using amounts otherwise author18 ized. 

Passed the House of Representatives January 15, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


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