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[DISCUSSION DRAFT]
JANUARY 27, 2014

113TH CONGRESS 2D SESSION

H. R. ll

To establish an Office of United States Chief Technology Officer, including a United States Digital Government Office, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Ms. ESHOO (for herself and Mr. CONNOLLY) introduced the following bill; which was referred to the Committee on lllllllllllllll

A BILL
To establish an Office of United States Chief Technology Officer, including a United States Digital Government Office, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Reforming Federal

5 Procurement of Information Technology Act’’ or the 6 ‘‘RFP-IT Act’’.

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2 1 2 3 4
SEC. 2. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR INFORMATION TECHNOLOGY

PROJECTS.

Section 134 of title 41, United States Code, is

5 amended by striking ‘‘means $100,000.’’ and inserting the 6 following: ‘‘means— 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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.’’.
SEC. 3. OFFICE OF THE UNITED STATES CHIEF TECHNOLOGY OFFICER.

(a) ESTABLISHMENT.— (1) IN
GENERAL.—There

is established in the

Executive Office of the President an office to be known as the ‘‘Office of the United States Chief Technology Officer’’ (in this Act referred to as the ‘‘Office’’). (2) HEAD
OF THE OFFICE.— STATES CHIEF TECHNOLOGY

(A) UNITED
OFFICER.—The

President

shall

appoint

a

United States Chief Technology Officer (in this

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3 1 2 3 4 5 6 7 8 9 Act referred to as the ‘‘United States CTO’’), who shall be the head of the Office. (B) COMPENSATION.—Section 5313 of title 5, United States Code, is amended by adding at the end the following: ‘‘United States Chief Technology Officer.’’. (3) STAFF.—The President may appoint additional staff members to the Office. (b) DUTIES OF THE UNITED STATES CTO.—The du-

10 ties of the United States CTO are the following: 11 12 13 14 15 16 17 18 19 20 (1) Serve as the President’s lead advisor on using technology to improve citizen services and Government outcomes. (2) Develop and serve as head of the United States Digital Government Office in accordance with section 4. (3) Develop and serve as head of the Presidential Innovation Fellows Program in accordance with section 5. (c) REGULATIONS.—The United States CTO may

21 prescribe such regulations regarding procurement as may 22 be necessary to carry out the CTO’s duties. 23 24
SEC. 4. UNITED STATES DIGITAL GOVERNMENT OFFICE.

(a) ESTABLISHMENT.—There is established within

25 the Office of the United States Chief Technology Officer

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4 1 an office to be known as the ‘‘United States Digital Gov2 ernment Office’’ or ‘‘United States DGO’’ (in this Act re3 ferred to as the ‘‘United States DGO’’). 4 (b) HEAD
OF

OFFICE.—The head of the United

5 States DGO shall be the United States CTO. 6 (c) RESPONSIBILITIES
OF

UNITED STATES DGO.—

7 The United States DGO shall consider every proposal of 8 a Federal agency for a major information technology 9 project and make one of the following determinations with 10 respect to each project: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The United States DGO shall handle the project within the United States DGO or with existing resources. (2) The United States DGO shall assist the agency in developing specifications for a contract for the project and in awarding a contract. (3) The United States DGO shall direct the agency to handle the project within the agency. (d) STAFF; CRITICAL POSITION PAY AUTHORITY.— (1) IN
GENERAL.—The

United States CTO may

hire staff for the United States DGO. (2) CRITICAL
POSITION PAY AUTHORITY.— MAY HIRE DIRECTLY.—Notwith-

(A) CTO

standing section 5377(c) of title 5, United States Code, the United States CTO may hire

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 staff for the United States DGO using the authority under section 5377(b) of such title, subject to subparagraph (B). Staff may be recruited from the Office of Science and Technology Policy to the extent the United States CTO considers necessary. (B) NUMBER
OF POSITIONS.—With

respect

to persons hired under this section by the United States CTO for the United States DGO, the limitations on number of positions under section 5377(f) shall not apply. (3) PRESIDENTIAL
INNOVATION FELLOWS.—

The United States CTO may assign Presidential Innovation Fellows to work in the United States DGO. (e) UNITED STATES DIGITAL GOVERNMENT OFFICE

16 FUND.— 17 18 19 20 21 22 23 24 25 (1) ESTABLISHMENT
FUND.—There AND MANAGEMENT OF

is a United States Digital Govern-

ment Office Fund (in this subsection referred to as the ‘‘Fund’’). The Administrator of General Services shall manage the Fund through the United States DGO to support the activities of the United States DGO pursuant to this section. The Administrator of General Services shall consult with the United States CTO in managing the Fund.

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) CREDITS
TO FUND.—Five

percent of the

fees collected by executive agencies under the following contracts shall be credited to the Fund: (A) Governmentwide task and delivery order contracts entered into under sections 4103 and 4105 of title 41, United States Code. (B) Governmentwide contracts for the acquisition of information technology and multiagency acquisition contracts for that technology authorized by section 11314 of title 40, United States Code. (C) Multiple-award schedule contracts entered into by the Administrator of General Services. (3) REMITTANCE
AGENCY.—The BY HEAD OF EXECUTIVE

head of an executive agency that ad-

ministers a contract described in paragraph (2) shall remit to the General Services Administration the amount required to be credited to the Fund with respect to the contract at the end of each quarter of the fiscal year. (4) AMOUNTS
PURPOSES.—The NOT TO BE USED FOR OTHER

Administrator of General Services,

through the Office of Management and Budget, shall ensure that amounts collected under this subsection

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 are not used for a purpose other than the activities of the United States DGO carried out pursuant to this section. (5) AVAILABILITY
OF AMOUNTS.—Amounts

credited to the Fund remain available to be expended only in the fiscal year for which they are credited and the 4 succeeding fiscal years. (f) DEFINITIONS.—In this section: (1) EXECUTIVE
AGENCY.—The

term ‘‘executive

agency’’ has the meaning provided that term by section 105 of title 5. (2) MAJOR
INFORMATION TECHNOLOGY

PROJECT.—In

this section, the term ‘‘major infor-

mation technology project’’ means any project related to information technology that the United States CTO determines— (A) to— (i) be primarily focused on providing citizen services (such as a public website); or (ii) have high development, operating, or maintenance costs and a high risk of incurring significant cost overruns and

schedule delays; and

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8 1 2 3 4 5 6 (B) is not comprised substantially of commodity technology (such as basic office software and hardware, including computers, keyboards, and mobile smart devices).
SEC. 5. PRESIDENTIAL INNOVATION FELLOWS PROGRAM.

(a) ESTABLISHMENT.—There is established within

7 the Executive Office of the President a program to be 8 known as the ‘‘Presidential Innovation Fellows Program’’ 9 (in this section referred to as the ‘‘Program’’). 10 (b) PURPOSE.—The purpose of the Program is to

11 bridge the gap between the private sector and the public 12 sector by bringing non-Government innovators into the 13 Government to work collaboratively for a period of time 14 with Government innovators in order to rapidly solve chal15 lenges of national importance. 16 (c) ADMINISTRATION.—The United States CTO shall

17 administer the Program. 18 19 20 21 22 23 24 (d) FELLOWS.— (1) SELECTION
OF FELLOWS.—The

United

States CTO shall select Presidential Innovation Fellows for participation in the Program. (2) LENGTH
OF FELLOWSHIPS.—Each

fellow-

ship in the Program shall last 6 to 13 months, at the discretion of the United States CTO.

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9 1 2 3 4 5 6 7 (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. 6. FAR COUNCIL MEMBERSHIP FOR UNITED STATES CHIEF TECHNOLOGY OFFICER.

(a) ADDITION

OF

UNITED STATES CTO

TO

FAR

8 COUNCIL.—Section 1302(b) of title 41, United States 9 Code, is amended— 10 11 12 13 14 15 16 17 18 (b) (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 United States Chief Technology Officer.’’. CONFORMING AMENDMENTS.—Section

19 1303(a)(1) of such title is amended — 20 21 22 23 24 (1) by striking ‘‘and the Administrator of National Aeronautics and Space,’’ and inserting ‘‘the Administrator of National Aeronautics and Space, and the United States Chief Technology Officer,’’; and

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10 1 2 3 4 5 6 (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 section 3 of the Reforming Federal Procurement of Information Technology Act,’’.

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