I
106TH CONGRESS
2D SESSION
H. R. 4670
To establish an Office of Information Technology in the Executive Office
of the President.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 2000
Mr. TURNER introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To establish an Office of Information Technology in the
Executive Office of the President.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Chief Information Offi-
cer of the United States Act of 2000’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) Congress finds the following:
(1) Information technology is rapidly trans-
forming social relations, political processes, and the
economies of the United States and countries around
the world.
(2) The Federal Government is not taking full
advantage of the opportunities provided by informa-
tion technology to more efficiently and effectively
perform Governmental functions, including more
timely and effective delivery of services to the public
and more cost-effective Government operations.
(3) Federal agencies are not complying with ex-
isting statutory requirements to improve the man-
agement of information technology and related infor-
mation resources, including establishing information
technology investment control processes, providing
adequate protections for personal privacy and infor-
mation security, systematically managing records
maintained in electronic formats, and developing ef-
fective tools for delivering services to the public
through the Internet.
(4) New leadership at the highest levels of the
Federal Government is required to improve signifi-
cantly agency development, application, and manage-
ment of information technology and related informa-
tion resources, and to enhance the ability of the Of-
fice of Management and Budget to oversee agency
information resources management under chapter 35
of title 44, United States Code.
(5) The rapidly expanding use of the Internet
as a means for providing services to the public calls
for a Federal Government-wide effort to bridge the
digital divide and bring the promise of the Informa-
tion Age to all members of the public, while main-
taining the security and privacy required by laws
such as the Government Paperwork Elimination Act
(title XVII of Pub. Law 105–277; 112 Stat. 2681–
749) and the provisions enacted by the Computer
Security Act of 1987 (Pub. Law 100–235; 101 Stat.
1724).
(6) The information technology available to the
Federal Government to provide services to the public
calls for new approaches across agencies to provide
consolidated points of public access to those services.
(b) PURPOSES.—The purposes of this Act are the fol-
lowing:
(1) To establish a central focal point to provide
effective leadership for efforts by the Federal Gov-
ernment to use information technology to more effi-
ciently and effectively perform governmental func-
tions.
(2) To provide a mechanism for improved co-
ordination among Federal agencies for the develop-
ment, application, and management of information
technology and related information resources by the
Federal Government.
(3) To create opportunities for innovation in
the development, application, and management of in-
formation technology and related information re-
sources by the Federal Government.
SEC. 3. OFFICE OF INFORMATION TECHNOLOGY.
(a) ESTABLISHMENT.—There is established in the
Executive Office of the President an Office of Information
Technology (hereinafter in this Act referred to as the ‘‘Of-
fice’’). The purpose of the Office shall be to serve as a
source of technical, policy, and management analysis, lead-
ership, and advice for the President and agencies with re-
spect to the development, application, and management of
information technology by the Federal Government.
(b) CHIEF INFORMATION OFFICER OF THE UNITED
STATES.—
(1) HEAD OF OFFICE.—There shall be at the
head of the Office a Chief Information Officer of the
United States (hereinafter in this Act referred to as
the ‘‘Chief Information Officer’’), who shall serve as
a special assistant to, and report directly to, the
President. The Chief Information Officer shall be
appointed by the President, by and with the advice
and consent of the Senate, from among persons who
have demonstrated through practical experience in
the public or private sectors knowledge, skills, and
leadership abilities in the management and innova-
tive use of information technology necessary for the
performance of the functions required under this
Act.
(2) FUNCTIONS.—The Chief Information Offi-
cer shall, to the extent that the President determines
appropriate and in the interest of the United
States—
(A) be the principal adviser to the Presi-
dent on matters relating to the development,
application, and management of information
technology by the Federal Government; and
(B) in addition to such other functions and
activities as the President may assign—
(i) advise the President on opportuni-
ties to use information technology to im-
prove the efficiency and effectiveness of
programs and operations of the Federal
Government;
(ii) review and recommend to the
President and the Director of the Office of
Management and Budget changes to the
budget and legislative proposals of agencies
to ensure more efficient and effective use
of information technology to serve agency
missions, including enhanced service deliv-
ery to the public;
(iii) provide leadership in innovative
uses of information technology by agencies
through support of experimentation, test-
ing, and adoption of innovative concepts
and technologies, particularly with regard
to multi-agency initiatives;
(iv) identify opportunities, and coordi-
nate major multi-agency information tech-
nology initiatives, to improve communica-
tion and data exchange among all levels of
government and with the public, including
by providing consolidated points of public
access to government services;
(v) promote agency investments in in-
formation technology that enhance service
delivery to the public, improve cost-effec-
tive government operations, and serve such
other objectives determined to be critical
by the President;
(vi) advise the Director of the Office
of Management and Budget to ensure ef-
fective implementation of the functions and
responsibilities assigned under chapter 35
of title 44, United States Code;
(vii) serve as the chairperson of the
Chief Information Officers Council estab-
lished under section 4;
(viii) direct, at his discretion, the use
by the Administrator of General Services
of available budget authority in the Infor-
mation Technology Fund established by
section 110 of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 757);
(ix) consult with the heads of agencies
that operate national security systems to
ensure effective communication among all
agencies concerning experiences in best
practices in the development, application,
and management of information tech-
nology; and
(x) consult with leaders in information
technology management in State govern-
ments (including the National Association
of State Information Resources Execu-
tives), the private sector, and foreign gov-
ernments to increase understanding of, and
collaboration on, best practices and innova-
tive approaches for the development, appli-
cation, and management of information
technology.
(3) ANNUAL REPORT.—The Chief Information
Officer shall submit an annual report to the Presi-
dent and Congress describing—
(A) efforts undertaken by the Chief Infor-
mation Officer to improve the development, ap-
plication, and management of information tech-
nology, including—
(i) the results of major information
technology initiatives, including those fund-
ed by the Information Technology Fund;
and
(ii) recommendations to improve Fed-
eral policies and practices with regard to
the development, application, and manage-
ment of information technology; and
(B) the results of major activities under-
taken by the Chief Information Officers Council
to carry out the functions described in section
4.
(4) COMPENSATION.—Section 5312 of title 5,
United States Code, is amended by adding at the
end the following:
‘‘Chief Information Officer of the United
States.’’
(c) EMPLOYEES.—The Chief Information Officer
shall appoint the employees of the Office, but the Office
shall have no more than twelve employees.
SEC. 4. CHIEF INFORMATION OFFICERS COUNCIL.
(a) ESTABLISHMENT.—There is established in the ex-
ecutive branch a Chief Information Officers Council (here-
inafter in this Act referred to as the ‘‘Council’’).
(b) MEMBERSHIP.—The members of the Chief Infor-
mation Officers Council shall be as follows:
(1) The chief information officer of each agency
that is described in section 901(b) of title 31, United
States Code.
(2) The chief information officer of any agency
designated by the Chief Information Officer.
(3) The Administrator of the Office of Informa-
tion and Regulatory Affairs in the Office of Manage-
ment and Budget.
(4) Any other officers or employees of the
United States designated by the Chief Information
Officer.
(c) ADMINISTRATIVE PROVISIONS.—
(1) CHAIRMAN.—The Chief Information Officer
shall be the Chairman of the Council.
(2) DEPUTY CHAIRMAN.—
(A) The Deputy Chairman of the Council
shall be selected by the Council from among its
members.
(B) The Deputy Chairman shall serve a
one-year term, and may serve multiple terms.
(3) SUPPORT.—The Administrator of General
Services shall provide administrative and other sup-
port for the Council, including resources provided
through the Information Technology Fund estab-
lished by section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
757).
(d) FUNCTIONS.—The Council shall—
(1) assist and advise in the development and
implementation of Federal policies and practices
with regard to agency development, application, and
management of information technology;
(2) assist and advise the Chief Information Of-
ficer and the Director of the Office of Management
and Budget in developing and maintaining the Gov-
ernment-wide strategic information resources man-
agement plan required by section 3506 of title 44,
United States Code;
(3) assist and advise the Chief Information Of-
ficer in the selection and coordination of—
(A) multi-agency initiatives to improve the
performance of agency missions through the use
of information technology; and
(B) pilot projects to test alternative ap-
proaches for agencies to plan for, acquire, and
manage information technology;
(4) coordinate and monitor the development
and use of common performance measures for agen-
cy information resources management activities;
(5) coordinate the acquisition and provision of
common infrastructure services to facilitate commu-
nication and data exchange among agencies and
with State, local, and tribal governments;
(6) review and make recommendations to ad-
dress the hiring, training, classification, and profes-
sional development needs of agencies with regard to
the development, application, and management of in-
formation technology;
(7) review and make recommendations with re-
gard to information technology standards, including
those developed under section 20 of the National In-
stitute of Standards and Technology Act (15 U.S.C.
278g–3) and section 5131 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1441);
(8) consult with appropriate individuals and or-
ganizations at all levels of government and the pri-
vate sector to enhance understanding of opportuni-
ties to improve the development, application, and
management of information technology to serve pub-
lic needs; and
(9) consult with appropriate agencies to facili-
tate effective participation by the Federal Govern-
ment in international information-related activities
and organizations.
SEC. 5. NATIONAL SECURITY SYSTEMS.
(a) INAPPLICABILITY OF ACT TO NATIONAL SECU-
RITY SYSTEMS.—This Act does not apply to national secu-
rity systems, as that term is defined by section 5142 of
the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
(b) REQUIREMENTS.—The head of an agency respon-
sible for a national security system shall—
(1) comply with the provisions of this Act with
regard to information technology other than such
national security system; and
(2) consult with the Chief Information Officer
to ensure effective communication concerning best
practices experiences in the development, applica-
tion, and management of information technology.
SEC. 6. DEFINITIONS.
The definitions in section 3502 of title 44, United
States Code, shall apply with respect to this Act.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 44, U.S.C.—(1) Section 3503(b) of title
44, United States Code, is amended in the second sentence
by inserting before the period the following: ‘‘, and shall
coordinate all such functions with the Chief Information
Officer of the United States’’.
(2) Section 3504(a)(2) of title 44, United States
Code, is amended by inserting before the period the fol-
lowing: ‘‘and in consultation with the Chief Information
Officer of the United States’’.
(b) FEDERAL
PROPERTY
AND
ADMINISTRATIVE
SERVICES ACT.—Section 110(a) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
757(a)), is amended by inserting at the end the following:
‘‘(3) The Administrator’s decisions with regard
to obligations of, and expenditures from, the Fund
shall be subject to direction by the Chief Informa-
tion Officer of the United States.’’.
SEC. 8. FTS 2000 PROGRAM.
The authority of the Chief Information Officer under
this Act to direct the use by the Administrator of General
Services of available budget authority in the Information
Technology Fund established by section 110 of the Fed-
eral Property and Administrative Services Act of 1949 (40
U.S.C. 757) is subject to the limitation provided under
section 5124(b) of the Clinger-Cohen Act of 1996 (40
U.S.C. 1424(b)) with regard to the Administrator’s man-
agement of the FTS 2000 program and any follow-on to
the program.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act, to remain available until expended, such sums
as may be necessary for each of fiscal years 2001 through
2005.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on the date that is 60 days after the date of
the enactment of this Act.
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