H.R. 5255 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5255 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. 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. 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). 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). 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. 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. 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. 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. 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. 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. 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.),.