To create the Office of the Chief Technology Officer within the Executive Office of the President.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chief Technology Officer Act of 
2009''.

SEC. 2. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.

    (a) Establishment and Staff.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Executive Office of the President an Office of the 
                Federal Chief Technology Officer (in this Act referred 
                to as the ``Office'').
                    (B) Head of the office.--
                            (i) Federal chief technology officer.--The 
                        President shall appoint a Federal Chief 
                        Technology Officer (in this Act referred to as 
                        the ``Federal CTO'') who shall be the head of 
                        the Office.
                            (ii) Compensation.--Section 5313 of title 
                        5, United States Code, is amended by adding at 
                        the end the following:
            ``Federal Chief Technology Officer.''.
            (2) Staff of the office.--The President may appoint 
        additional staff members to the Office.
    (b) Duties of the Office.--The functions of the Federal CTO are the 
following:
            (1) Undertake fact-gathering, analysis, and assessment of 
        the Federal Government's information technology 
        infrastructures, information technology strategy, and use of 
        information technology, and provide advice on such matters to 
        the President, heads of Federal departments and agencies, and 
        government chief information officers and chief technology 
        officers.
            (2) Work to ensure the security and privacy of the Federal 
        information technology infrastructure and networks, 
        coordinating closely with other Federal departments and 
        agencies having responsibilities regarding security and privacy 
        of the infrastructure and networks.
            (3) Lead an interagency effort, working with the chief 
        technology and chief information officers of each of the 
        Federal departments and agencies, to develop and implement a 
        planning process to ensure that they use best-in-class 
        technologies, share best practices, and improve the use of 
        technology in support of Federal Government requirements.
            (4) Provide, within the Executive Office of the President, 
        advice on the engineering, technical and implementation aspects 
        of information technology and information technology 
        infrastructure issues that require attention at the highest 
        levels of government.
            (5) Evaluate the scale, quality, and effectiveness of the 
        Federal effort in the use of information technology, and advise 
        on appropriate actions.
            (6) Advise the President on information technology 
        considerations with regard to Federal budgets.
            (7) Assist the President in providing general leadership 
        and coordination of the research and development programs of 
        the Federal Government for information technology-related 
        matters.
            (8) Promote technological innovation in the Federal 
        Government, and encourage and oversee the adoption of robust 
        cross-governmental architectures and standards-based 
        information technologies, in support of effective operational 
        and management policies, practices, and services across Federal 
        departments and agencies and with the public and external 
        entities.
            (9) Establish cooperative public-private sector partnership 
        initiatives to gain knowledge of technologies available in the 
        marketplace that can be used to improve governmental 
        operations, citizen services, and the safety, security, and 
        privacy of information collected, maintained, processed, and 
        communicated by the Federal Government.
            (10) Establish public-private sector partnership 
        initiatives to gain knowledge of information technology 
        research activities underway and planned by Federal departments 
        and agencies and in the private sector that can improve the use 
        of information technologies by the Federal Government.
            (11) Sponsor, initiate, and support research and 
        demonstration projects in partnership with private sector 
        industry and academic institutions to leverage private sector 
        expertise and innovation in order to enhance existing 
        technologies or identify breakthrough innovations that can 
        improve the Federal Government's use of technology.
            (12) Lead an interagency effort, working with the chief 
        technology and chief information officers of each of the 
        Federal departments and agencies, to promote the use of best-
        in-class technologies, share best practices, and establish an 
        information technology plan for the Federal Government that 
        improves the effectiveness, efficiency, security, and privacy 
        of the Federal Government's information infrastructure and 
        information technology-based services.
            (13) Any other functions and activities that the President 
        may assign to the Federal CTO.
    (c) Policy Planning; Analysis and Advice.--The Office shall serve 
as a source of analysis and advice for the President and heads of 
Federal departments and agencies with respect to major policies, plans, 
and programs of the Federal Government associated with information 
technology. In carrying out this section, the Federal CTO shall--
            (1) define coherent and systematic approaches for applying 
        the use of information technology to critical and emerging 
        Federal Government information management problems, and promote 
        coordination of the responsibilities and programs of Federal 
        departments and agencies in the resolution of the problems;
            (2) gather timely and authoritative information concerning 
        significant developments and trends in information technology, 
        and in national priorities, both current and prospective, and 
        analyze and interpret the information for the purpose of 
        determining whether the developments and trends are likely to 
        affect achievement of the priority goals of the Federal 
        Government;
            (3) encourage the development and maintenance of an 
        adequate knowledge base for human resources in information 
        technology, including the development of appropriate models to 
        forecast future workforce requirements, and assess the effects 
        of major governmental and public programs on human resources 
        and their utilization;
            (4) initiate studies and analyses, including systems 
        analyses and technology assessments, of alternatives available 
        for the resolution of critical and emerging information 
        technology infrastructure problems and, insofar as possible, 
        determine and compare probable costs, benefits, and impacts of 
        the alternatives;
            (5) assess the impact of information technology and 
        networked information technology systems and applications on 
        cybersecurity and personal privacy, utilizing Presidential and 
        departmental advisory committees and agencies, such as the 
        Privacy and Civil Liberties Oversight Board, the Information 
        Security and Privacy Advisory Board managed under the National 
        Institute of Standards and Technology, the Department of 
        Homeland Security Data Privacy and Integrity Advisory Board, 
        and the National Infrastructure Advisory Committee, and advise 
        the President on steps necessary to mitigate and manage 
        security and privacy risks;
            (6) advise the President on the extent to which the 
        information technology programs, policies, and operations 
        activities of the Federal Government are likely to affect the 
        achievement of the priority goals of the Government;
            (7) provide the President with periodic reviews of Federal 
        statutes and administrative regulations of the various Federal 
        departments and agencies which affect research and development 
        activities, internally and in relation to the private sector, 
        or which may interfere with desirable technological innovation, 
        together with recommendations for elimination, reform, or 
        updating, as appropriate of the statutes and regulations;
            (8) establish public-private partnerships to coordinate 
        Federal Government's information technology research agenda 
        with private sector research and development initiatives and 
        provide guidance to research-funding agencies;
            (9) develop, review, revise, and recommend criteria for 
        determining information technology activities warranting 
        Federal support, and recommend Federal policies designed to 
        advance the development and maintenance of effective and 
        efficient information technology capabilities, including human 
        resources, at all levels of government, academia, and industry, 
        and the effective application of the capabilities to national 
        needs;
            (10) assess, and advise, on policies for international 
        cooperation in information technology which will advance the 
        national and international objectives of the United States;
            (11) identify and assess areas in which information 
        technology can be used effectively in addressing national and 
        international problems; and
            (12) perform such other duties and functions and make and 
        furnish such studies, reports, and recommendations as the 
        President may request.
    (d) Operations.--
            (1) Powers.--To carry out the duties described in 
        subsections (b) and (c), the Federal CTO may do the following:
                    (A) Hearings.--Hold public hearings on any relevant 
                topic.
                    (B) Conduct studies.--Conduct a study on any 
                relevant topic.
                    (C) Advisory panels.--Establish advisory panels 
                composed of individuals appointed by the Federal CTO 
                for such terms as the Federal CTO determines 
                appropriate.
                    (D) Grants and fellowships.--Award grants and 
                fellowships.
                    (E) Mails.--Use the United States mails in the same 
                manner and under the same conditions as departments and 
                agencies of the United States.
                    (F) Contract authority.--To the extent or in the 
                amounts provided in advance in appropriations Acts, 
                enter into contracts with and compensate a government 
                or private agency or person for the conduct of 
                activities under this section.
                    (G) Authority to accept voluntary services.--
                            (i) Notwithstanding section 1342 of title 
                        31, United States Code, accept the service of a 
                        volunteer.
                            (ii) Reimburse a volunteer for expenses or 
                        office supplies and local travel, and for 
                        travel expenses, including per diem in lieu of 
                        subsistence, incurred in performing services 
                        for the Office.
                    (H) Temporary and intermittent services.--Obtain 
                temporary and intermittent services in the same manner 
                as an agency under section 3109(b) of title 5, United 
                States Code.
            (2) Volunteer deemed a federal employee.--While performing 
        services for the Office, a volunteer is deemed an employee of 
        the Federal Government for the purposes of the following:
                    (A) Chapter 81 of title 5, United States Code, 
                relating to compensation for work-related injuries.
                    (B) Chapter 11 of title 18, United States Code, 
                relating to conflicts of interest.
                    (C) Chapter 171 of title 28, United States Code, 
                relating to tort claims.
            (3) Travel expenses.--The Federal CTO may receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
    (e) Coordination of the Office With Other Entities.--
            (1) Federal cto to be on domestic policy council.--The 
        Federal CTO shall be a member of the Domestic Policy Council.
            (2) Obtain information from agencies.--The Office may 
        secure, directly from any department or agency of the United 
        States, information necessary to enable the Federal CTO to 
        carry out this Act. On request of the Federal CTO, the head of 
        the department or agency shall furnish the information to the 
        Office, subject to any applicable limitations of Federal law.
            (3) Staff of federal agencies.--On request of the Federal 
        CTO, to assist the Office in carrying out the duties of the 
        Office, the head of any Federal department or agency may detail 
        personnel, services, or facilities of the department or agency 
        to the Office.
            (4) Collaboration with bureau of labor statistics.--The 
        Federal CTO shall work with the Bureau of Labor Statistics to 
        develop mechanisms for tracking the effect of technological 
        innovations on job creation.
            (5) Collaboration with office of management and budget.--
        The Federal CTO shall--
                    (A) assist the Office of Management and Budget with 
                an annual review and analysis of funding proposed for 
                research and development in the budgets of all Federal 
                departments and agencies; and
                    (B) on a reimbursable basis, assist the Office of 
                Management and Budget and Federal departments and 
                agencies throughout the budget development process.
    (f) Annual Report.--
            (1) Publication and contents.--The Federal CTO shall 
        publish, in the Federal Register and on a public Internet 
        website of the Federal CTO, an annual report that includes the 
        following:
                    (A) Information on programs to promote the 
                development of technological innovations.
                    (B) Recommendations for the adoption of policies to 
                encourage the generation of technological innovations.
                    (C) Information on the activities and 
                accomplishments of the Office in the year covered by 
                the report.
            (2) Submission.--The Federal CTO shall submit each report 
        under paragraph (1) to--
                    (A) the President;
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    (C) the Committee on Science and Technology of the 
                House of Representatives; and
                    (D) the Committee on Commerce, Science, and 
                Transportation of the Senate.

Summary: Chief Technology Officer Act of 2009 - Establishes in the Executive Office of the President an Office of the Federal Chief Technology Officer (FCTO).

Includes among the functions of the FCTO to: (1) analyze and advise the President and agency officials regarding the government's information technology infrastructures, strategy, and use; (2) ensure the security and privacy of the federal information technology infrastructure and networks; (3) promote technological innovation in the federal government; (4) establish public-private sector partnership initiatives; and (5) lead specified interagency efforts, including a planning process to ensure the use of best-in-class technologies, the sharing of best practices, and improvement in the use of technology in support of government requirements.

Requires the Office to serve as a source of analysis and advice for the President and agency heads regarding major government policies, plans, and programs associated with information technology.

Requires the FCTO to: (1) be a member of the Domestic Policy Council; and (2) publish an annual report on programs to promote technological innovations, recommendations for policies to encourage the generation of such innovations, and information on the Office's activities and accomplishments.