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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5255 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5255

To enhance the procurement of information technology by establishing a 
    United States Digital Government Office and United States Chief 
              Information Officer, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2014

   Ms. Eshoo (for herself, Mr. Connolly, Mr. Hanna, Mr. Swalwell of 
 California, and Ms. DelBene) introduced the following bill; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
To enhance the procurement of information technology by establishing a 
    United States Digital Government Office and United States Chief 
              Information Officer, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reforming Federal 
Procurement of Information Technology Act'' or ``RFP-IT Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Increase in simplified acquisition threshold for information 
                            technology projects.
Sec. 3. Permanent authority for use of simplified acquisition 
                            procedures for certain commercial items.
Sec. 4. Presidential Innovation Fellows Program.
Sec. 5. Redesignation of Office and Administrator of Electronic 
                            Government as United States Digital 
                            Government Office and United States Chief 
                            Information Officer.
Sec. 6. Digital Service Pilot Program.
Sec. 7. Analysis and report on streamlining and strengthening IT 
                            Schedule 70.
Sec. 8. Report by Government Accountability Office on information 
                            technology acquisition by the Federal 
                            Government.
Sec. 9. Improving the quality of information technology solicitations.
Sec. 10. FAR Council membership for Administrator of Small Business 
                            Administration.

SEC. 2. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR INFORMATION 
              TECHNOLOGY PROJECTS.

    (a) Increase.--Section 134 of title 41, United States Code, is 
amended by striking ``means $100,000.'' and inserting the following: 
``means--
            ``(1) $100,000; or
            ``(2) in the case of a contract for the purchase of 
        information technology (as such term is defined in section 
        11101 of title 40) services from a small business concern (as 
        such term is defined in section 3(a) of the Small Business Act 
        (15 U.S.C. 632(a)), $500,000.''.
    (b) Construction.--Nothing in the amendment made by subsection (a) 
shall be construed as affecting adjustments made by, or the authority 
of, the Federal Acquisition Regulatory Council under section 1908 of 
title 41, United States Code (relating to inflation adjustment of 
acquisition-related dollar thresholds).

SEC. 3. PERMANENT AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
              PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

    Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public 
Law 104-106; 10 U.S.C. 2304 note) is amended by striking subsection 
(e).

SEC. 4. PRESIDENTIAL INNOVATION FELLOWS PROGRAM.

    (a) Establishment.--There is established within the General 
Services Administration a program to be known as the ``Presidential 
Innovation Fellows Program'' (in this section referred to as the 
``Program'').
    (b) Purpose.--The purpose of the Program is to bridge the gap 
between the private sector and the public sector by bringing non-
Government innovators into the Government to work collaboratively for a 
period of time with Government innovators in order to rapidly solve 
challenges of national importance.
    (c) Administration.--The Administrator of General Services shall 
administer the Program.
    (d) Fellows.--
            (1) Selection of fellows.--The Administrator of General 
        Services shall select Presidential Innovation Fellows for 
        participation in the Program.
            (2) Length of fellowships.--Each fellowship in the Program 
        shall last 6 to 13 months, at the discretion of the 
        Administrator of General Services.
            (3) Qualifications.--In order to participate in the 
        Program, a candidate for fellow shall be a citizen of the 
        United States and able to fulfill the duties of the role for 
        which the candidate applies.

SEC. 5. REDESIGNATION OF OFFICE AND ADMINISTRATOR OF ELECTRONIC 
              GOVERNMENT AS UNITED STATES DIGITAL GOVERNMENT OFFICE AND 
              UNITED STATES CHIEF INFORMATION OFFICER.

    (a) Redesignation of Office as United States Digital Government 
Office.--Section 3602(a) of title 44, United States Code, is amended by 
striking ``Office of Electronic Government'' and inserting ``an office 
to be known as the `United States Digital Government Office' or `United 
States DGO'''.
    (b) Redesignation of Head of Office as United States Chief 
Information Officer.--Section 3602(b) of such title is amended to read 
as follows:
    ``(b) There shall be at the head of the office an officer who shall 
be known as the United States Chief Information Officer (referred to in 
this section as the `United States CIO'), appointed by the President by 
and with the advice and consent of the Senate. The Director shall 
delegate to the United States CIO the authority to administer all 
functions set forth in this section or any other applicable law, except 
that any such delegation shall not relieve the Director of 
responsibility for the administration of such functions. The United 
States CIO shall serve as principal adviser to the Director on Federal 
information technology policy.''.
    (c) Conforming Amendments.--Section 3602 of such title is further 
amended--
            (1) in subsection (c), by striking ``Administrator'' and 
        inserting ``United States CIO'';
            (2) in subsections (d), (e), and (f), by striking 
        ``Administrator'' the first place it appears and inserting 
        ``United States CIO''; and
            (3) in subsections (f)(16) and (g), by striking ``Office of 
        Electronic Government'' and inserting ``United States Digital 
        Government Office''.
    (d) References.--As of the date of the enactment of this Act, any 
reference in law or regulation to the Office of Electronic Government 
and the Administrator of the Office of Electronic Government shall be 
deemed to refer to the United States Digital Government Office and the 
United States Chief Information Officer, respectively.

SEC. 6. DIGITAL SERVICE PILOT PROGRAM.

    (a) Establishment.--There is established within the United States 
Digital Government Office a pilot program to be known as the ``Digital 
Service Pilot Program'' (in this section referred to as the ``Pilot 
Program'').
    (b) Purpose.--The purpose of the Pilot Program is to provide 
digital service experts to support executive agencies on high-priority 
Federal information technology projects. The Pilot Program shall be 
carried out in accordance with this section and may include the 
initiative in the Office of Management and Budget to provide such 
digital service experts.
    (c) Head of Digital Service Pilot Program.--The United States Chief 
Information Officer shall administer the Pilot Program.
    (d) Projects.--
            (1) Minimum number.--During the three-year period beginning 
        on the date of the enactment of this Act, the Pilot Program 
        shall initiate and complete no fewer than five high-priority 
        Federal information technology projects in partnership with 
        executive agencies.
            (2) Specific agency projects.--Of the projects required 
        under this subsection, at least one project shall be initiated 
        in each of the following entities:
                    (A) The Office of Management and Budget.
                    (B) The General Services Administration.
                    (C) The Department of Homeland Security.
                    (D) The Department of Veterans Affairs.
                    (E) The Small Business Administration.
    (e) Definition.--In this section, the term ``executive agency'' has 
the meaning provided that term by section 105 of title 5, United States 
Code.

SEC. 7. ANALYSIS AND REPORT ON STREAMLINING AND STRENGTHENING IT 
              SCHEDULE 70.

    (a) Analysis Requirement.--The Administrator of General Services 
shall conduct an in-depth analysis of IT Schedule 70. The analysis 
shall cover, at a minimum, the following:
            (1) Methods to enhance the administration of IT Schedule 
        70.
            (2) Identification of the most onerous or burdensome 
        requirements related to using IT Schedule 70.
            (3) Methods to lower barriers to entry to using IT Schedule 
        70, to ensure that innovative information technology firms are 
        not discouraged by superfluous or unnecessary barriers.
            (4) Ways to ensure that the Federal Government has direct 
        access to the Nation's most innovative technology firms, which 
        includes attracting companies that operate solely in the 
        commercial marketplace.
    (b) Report Requirement.--The Administrator shall submit to Congress 
a report on the analysis conducted under subsection (a), not later than 
365 days after the date of the enactment of this Act. The report shall 
include the results of the analysis and specific recommendations on 
potential administrative and statutory modifications that would 
eliminate or fix any problems identified in the report.
    (c) IT Schedule 70 Defined.--In this section, the term ``IT 
Schedule 70'' means the multiple award supply schedule of the General 
Services Administration for the procurement of information technology.

SEC. 8. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE ON INFORMATION 
              TECHNOLOGY ACQUISITION BY THE FEDERAL GOVERNMENT.

    (a) Report Requirement.--The Comptroller General of the United 
States shall submit to Congress one or more reports on the following:
            (1) The effectiveness of the 18F program of the General 
        Services Administration.
            (2) IT Schedule 70 (as defined in section 7), including the 
        manner in which the Schedule does or does not enable agencies 
        to have access to effective, up-to-date technology at 
        competitive prices from the best technology firms.
            (3) Challenges and barriers to entry for small business 
        technology firms, including the reasons why certain small 
        business technology firms that are successful in the private 
        sector decide not to enter the Federal marketplace.
    (b) Deadline.--The Comptroller General shall submit a report or 
reports under subsection (a) not later than 2 years after the date of 
the enactment of this Act.

SEC. 9. IMPROVING THE QUALITY OF INFORMATION TECHNOLOGY SOLICITATIONS.

    (a) Enhanced Communication Between Government and Industry.--Not 
later than 180 days after the date of the enactment of this Act, the 
Federal Acquisition Regulation shall be revised to clarify that agency 
acquisition personnel are permitted and encouraged to engage in 
responsible and constructive exchanges with industry, so long as those 
exchanges are consistent with existing law and regulation and do not 
promote an unfair competitive advantage to particular firms.
    (b) Priority Goal for Information Technology Management.--The 
United States Chief Information Officer, in consultation with the 
Administrator for Federal Procurement Policy, shall advise the Director 
of the Office of Management and Budget to ensure that the priority goal 
for the Federal Government relating to information technology 
management under section 1120(a)(1)(B)(iii) of title 31, United States 
Code, addresses improving the performance of Federal agencies in 
development specifications for a contract for an information technology 
project.

SEC. 10. FAR COUNCIL MEMBERSHIP FOR ADMINISTRATOR OF SMALL BUSINESS 
              ADMINISTRATION.

    (a) Addition of Administrator of Small Business Administration to 
Federal Acquisition Regulatory Council.--Section 1302(b) of title 41, 
United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period and inserting ``; and'' at the 
        end of subparagraph (D); and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the Administrator of the Small Business 
                Administration.''.
    (b) Conforming Amendments.--Section 1303(a)(1) of such title is 
amended--
            (1) by striking ``and the Administrator of National 
        Aeronautics and Space,'' and inserting ``the Administrator of 
        National Aeronautics and Space, and the Administrator of the 
        Small Business Administration,''; and
            (2) by striking ``and the National Aeronautics and Space 
        Act of 1958 (42 U.S.C. 2451 et seq.),'' and inserting ``the 
        National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et 
        seq.), and the Small Business Act (15 U.S.C. 631 et seq.),''.
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