[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1232 Reported in House (RH)]
Union Calendar No. 267
113th CONGRESS
2d Session
H. R. 1232
[Report No. 113-359]
To amend titles 40, 41, and 44, United States Code, to eliminate
duplication and waste in information technology acquisition and
management.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2013
Mr. Issa (for himself and Mr. Connolly) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform
February 25, 2014
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To amend titles 40, 41, and 44, United States Code, to eliminate
duplication and waste in information technology acquisition and
management.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Information Technology
Acquisition Reform Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
Sec. 101. Increased authority of agency Chief Information Officers over
information technology.
Sec. 102. Lead coordination role of Chief Information Officers Council.
Sec. 103. Reports by Government Accountability Office.
TITLE II--DATA CENTER OPTIMIZATION
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Federal Data Center Optimization Initiative.
Sec. 204. Performance requirements related to data center
consolidation.
Sec. 205. Cost savings related to data center optimization.
Sec. 206. Reporting requirements to Congress and the Federal Chief
Information Officer.
TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION
TECHNOLOGY ACQUISITION
Sec. 301. Inventory of information technology assets.
Sec. 302. Website consolidation and transparency.
Sec. 303. Transition to the cloud.
Sec. 304. Elimination of unnecessary duplication of contracts by
requiring business case analysis.
TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION TECHNOLOGY
ACQUISITION MANAGEMENT PRACTICES
Subtitle A--Strengthening and Streamlining IT Program Management
Practices
Sec. 401. Establishment of Federal Infrastructure and Common
Application Collaboration Center.
Sec. 402. Designation of Assisted Acquisition Centers of Excellence.
Subtitle B--Strengthening IT Acquisition Workforce
Sec. 411. Expansion of training and use of information technology
acquisition cadres.
Sec. 412. Plan on strengthening program and project management
performance.
Sec. 413. Personnel awards for excellence in the acquisition of
information systems and information
technology.
TITLE V--ADDITIONAL REFORMS
Sec. 501. Maximizing the benefit of the Federal Strategic Sourcing
Initiative.
Sec. 502. Promoting transparency of blanket purchase agreements.
Sec. 503. Additional source selection technique in solicitations.
Sec. 504. Enhanced transparency in information technology investments.
Sec. 505. Enhanced communication between Government and industry.
Sec. 506. Clarification of current law with respect to open source
software.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chief acquisition officers council.--The term ``Chief
Acquisition Officers Council'' means the Chief Acquisition
Officers Council established by section 1311(a) of title 41,
United States Code.
(2) Chief information officer.--The term ``Chief
Information Officer'' means a Chief Information Officer (as
designated under section 3506(a)(2) of title 44, United States
Code) of an agency listed in section 901(b) of title 31, United
States Code.
(3) Chief information officers council.--The term ``Chief
Information Officers Council'' or ``CIO Council'' means the
Chief Information Officers Council established by section
3603(a) of title 44, United States Code.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Federal agency.--The term ``Federal agency'' means each
agency listed in section 901(b) of title 31, United States
Code.
(6) Information technology or it.--The term ``information
technology'' or ``IT'' has the meaning provided in section
11101(6) of title 40, United States Code.
(7) Relevant congressional committees.--The term ``relevant
congressional committees'' means each of the following:
(A) The Committee on Oversight and Government
Reform and the Committee on Armed Services of the House
of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
SEC. 101. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION OFFICERS OVER
INFORMATION TECHNOLOGY.
(a) Presidential Appointment of CIOs of Certain Agencies.--
(1) In general.--Section 11315 of title 40, United States
Code, is amended--
(A) by redesignating subsection (a) as subsection
(e) and moving such subsection to the end of the
section; and
(B) by inserting before subsection (b) the
following new subsection (a):
``(a) Presidential Appointment or Designation of Certain Chief
Information Officers.--
``(1) In general.--There shall be within each agency listed
in section 901(b)(1) of title 31, other than the Department of
Defense, an agency Chief Information Officer. Each agency Chief
Information Officer shall--
``(A)(i) be appointed by the President; or
``(ii) be designated by the President, in
consultation with the head of the agency; and
``(B) be appointed or designated, as applicable,
from among individuals who possess demonstrated ability
in general management of, and knowledge of and
extensive practical experience in, information
technology management practices in large governmental
or business entities.
``(2) Responsibilities.--An agency Chief Information
Officer appointed or designated under this section shall report
directly to the head of the agency and carry out
responsibilities as set forth in this section and in section
3506(a) of title 44 for Chief Information Officers designated
under paragraph (2) of such section.''.
(2) Conforming amendment.--Section 3506(a)(2)(A) of title
44, United States Code, is amended by inserting after ``each
agency'' the following: ``, other than an agency with a
Presidentially appointed or designated Chief Information
Officer as provided in section 11315(a)(1) of title 40,''.
(b) Authority Relating to Budget and Personnel.--Section 11315 of
title 40, United States Code, is further amended by inserting after
subsection (c) the following new subsection:
``(d) Additional Authorities for Certain CIOs.--
``(1) Budget-related authority.--
``(A) Planning.--The head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief
Information Officer of the agency has the authority to
participate and provide input in the budget planning
process related to information technology or programs
that include significant information technology
components.
``(B) Allocation.--Amounts appropriated for any
agency listed in section 901(b)(1) or 901(b)(2) of
title 31, other than the Department of Defense, for any
fiscal year that are available for information
technology shall be allocated within the agency,
consistent with the provisions of appropriations Acts
and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in
such manner as may be specified by, or approved by, the
Chief Information Officer of the agency.
``(2) Personnel-related authority.--The head of each agency
listed in section 901(b)(1) or 901(b)(2) of title 31, other
than the Department of Defense, shall ensure that the Chief
Information Officer of the agency has the authority necessary
to approve the hiring of personnel who will have information
technology responsibilities within the agency and to require
that such personnel have the obligation to report to the Chief
Information Officer in a manner considered sufficient by the
Chief Information Officer.''.
(c) Requirement To Seek Advice From Chief Information Officer on
Designation or Appointment of Other Chief Information Officers.--
(1) Requirement.--Section 3506(a)(3) of title 44, United
States Code, is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) Each agency shall have only one individual with the
title and designation of `Chief Information Officer'. Any
bureau, office, or subordinate organization within the agency
may designate one individual with the title `Deputy Chief
Information Officer', `Associate Chief Information Officer', or
`Assistant Chief Information Officer'. The head of the agency
shall seek the advice of the Chief Information Officer of the
agency in designating or appointing any deputy, associate, or
assistant chief information officer within the agency.''.
(2) Effective date.--Section 3506(a)(3)(B) of title 44,
United States Code, as added by paragraph (1), shall take
effect as of October 1, 2014. Any individual serving in a
position affected by such section before such date may continue
in that position if the requirements of such section are
fulfilled with respect to that individual.
SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS COUNCIL.
(a) Lead Coordination Role.--Subsection (d) of section 3603 of
title 44, United States Code, is amended to read as follows:
``(d) Lead Interagency Forum.--
``(1) In general.--The Council is designated the lead
interagency forum for improving agency coordination of
practices related to the design, development, modernization,
use, operation, sharing, performance, and review of Federal
Government information resources investment. As the lead
interagency forum, the Council shall develop cross-agency
portfolio management practices to allow and encourage the
development of cross-agency shared services and shared
platforms. The Council shall also issue standards and practices
for infrastructure and common information technology
applications, including expansion of the Federal Enterprise
Architecture process if appropriate. The standards and
practices may address broader transparency, common inputs,
common outputs, and outcomes achieved. The standards and
practices shall be used as a basis for comparing performance
across diverse missions and operations in various agencies.
``(2) Report.--Not later than December 1 in each of the 6
years following the date of the enactment of this paragraph,
the Council shall submit to the relevant congressional
committees a report (to be known as the `CIO Council Report')
summarizing the Council's activities in the preceding fiscal
year and containing such recommendations for further
congressional action to fulfill its mission as the Council
considers appropriate.
``(3) Relevant congressional committees.--For purposes of
the report required by paragraph (2), the relevant
congressional committees are each of the following:
``(A) The Committee on Oversight and Government
Reform and the Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.''.
(b) Additional Function.--Subsection (f) of section 3603 of such
title is amended by adding at the end the following new paragraph:
``(8) Direct the Federal Infrastructure and Common
Application Collaboration Center established under section
11501 of title 40.''.
SEC. 103. REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Requirement To Examine Effectiveness.--The Comptroller General
of the United States shall examine the effectiveness of the Chief
Information Officers Council in meeting its responsibilities under
section 3603(d) of title 44, United States Code, as added by section
102, with particular focus on--
(1) whether agencies are actively participating in the
Council and heeding the Council's advice and guidance; and
(2) whether the Council is actively using and developing
the capabilities of the Federal Infrastructure and Common
Application Collaboration Center created under section 11501 of
title 40, United States Code, as added by section 401.
(b) Reports.--Not later than 1 year, 3 years, and 5 years after the
date of the enactment of this Act, the Comptroller General shall submit
to the relevant congressional committees a report containing the
findings and recommendations of the Comptroller General from the
examination required by subsection (a).
TITLE II--DATA CENTER OPTIMIZATION
SEC. 201. PURPOSE.
The purpose of this title is to optimize Federal data center usage
and efficiency.
SEC. 202. DEFINITIONS.
In this title:
(1) Federal data center optimization initiative.--The term
``Federal Data Center Optimization Initiative'' or the
``Initiative'' means the initiative developed and implemented
by the Director, through the Federal Chief Information Officer,
as required under section 203.
(2) Covered agency.--The term ``covered agency'' means any
agency included in the Federal Data Center Optimization
Initiative.
(3) Federal chief information officer.--The term ``Federal
Chief Information Officer'' means the Administrator of the
Office of Electronic Government established under section 3602
of title 44, United States Code.
(4) Data center.--The term ``data center'' means a closet,
room, floor, or building for the storage, management, and
dissemination of data and information, as defined by the
Federal Chief Information Officer under guidance issued
pursuant to this section.
(5) Federal data center.--The term ``Federal data center''
means any data center of a covered agency used or operated by a
covered agency, by a contractor of a covered agency, or by
another organization on behalf of a covered agency.
(6) Server utilization.--The term ``server utilization''
refers to the activity level of a server relative to its
maximum activity level, expressed as a percentage.
(7) Power usage effectiveness.--The term ``power usage
effectiveness'' means the ratio obtained by dividing the total
amount of electricity and other power consumed in running a
data center by the power consumed by the information and
communications technology in the data center.
SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.
(a) Requirement for Initiative.--The Federal Chief Information
Officer, in consultation with the chief information officers of covered
agencies, shall develop and implement an initiative, to be known as the
Federal Data Center Optimization Initiative, to optimize the usage and
efficiency of Federal data centers by meeting the requirements of this
Act and taking additional measures, as appropriate.
(b) Requirement for Plan.--Within 6 months after the date of the
enactment of this Act, the Federal Chief Information Officer, in
consultation with the chief information officers of covered agencies,
shall develop and submit to Congress a plan for implementation of the
Initiative required by subsection (a) by each covered agency. In
developing the plan, the Federal Chief Information Officer shall take
into account the findings and recommendations of the Comptroller
General review required by section 205(e).
(c) Matters Covered.--The plan shall include--
(1) descriptions of how covered agencies will use
reductions in floor space, energy use, infrastructure,
equipment, applications, personnel, increases in
multiorganizational use, and other appropriate methods to meet
the requirements of the initiative; and
(2) appropriate consideration of shifting Federally owned
data centers to commercially owned data centers.
SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER
CONSOLIDATION.
(a) Server Utilization.--Each covered agency may use the following
methods to achieve the maximum server utilization possible as
determined by the Federal Chief Information Officer:
(1) The closing of existing data centers that lack adequate
server utilization, as determined by the Federal Chief
Information Officer. If the agency fails to close such data
centers, the agency shall provide a detailed explanation as to
why this data center should remain in use as part of the
submitted plan. The Federal Chief Information Officer shall
include an assessment of the agency explanation in the annual
report to Congress.
(2) The consolidation of services within existing data
centers to increase server utilization rates.
(3) Any other method that the Federal Chief Information
Officer, in consultation with the chief information officers of
covered agencies, determines necessary to optimize server
utilization.
(b) Power Usage Effectiveness.--Each covered agency may use the
following methods to achieve the maximum energy efficiency possible as
determined by the Federal Chief Information Officer:
(1) The use of the measurement of power usage effectiveness
to calculate data center energy efficiency.
(2) The use of power meters in data centers to frequently
measure power consumption over time.
(3) The establishment of power usage effectiveness goals
for each data center.
(4) The adoption of best practices for managing--
(A) temperature and airflow in data centers; and
(B) power supply efficiency.
(5) The implementation of any other method that the Federal
Chief Information Officer, in consultation with the Chief
Information Officers of covered agencies, determines necessary
to optimize data center energy efficiency.
SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTIMIZATION.
(a) Requirement To Track Costs.--Each covered agency shall track
costs resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report on those
costs annually to the Federal Chief Information Officer. Covered
agencies shall determine the net costs from data consolidation on an
annual basis.
(1) Factors.--In calculating net costs each year under
subsection (a), a covered agency shall use the following
factors:
(A) Energy costs.
(B) Personnel costs.
(C) Real estate costs.
(D) Capital expense costs.
(E) Operating system, database, and other software
license expense costs.
(F) Other appropriate costs, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(b) Requirement To Track Savings.--Each covered agency shall track
savings resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report on those
savings annually to the Federal Chief Information Officer. Covered
agencies shall determine the net savings from data consolidation on an
annual basis.
(1) Factors.--In calculating net savings each year under
subsection (b), a covered agency shall use the following
factors:
(A) Energy savings.
(B) Personnel savings.
(C) Real estate savings.
(D) Capital expense savings.
(E) Operating system, database, and other software
license expense savings.
(F) Other appropriate savings, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(c) Requirement To Use Cost-Effective Measures.--Covered agencies
shall use the most cost-effective measures to implement the Federal
Data Center Optimization Initiative.
(d) Use of Savings.--Any savings resulting from implementation of
the Federal Data Center Optimization Initiative within a covered agency
shall be used for the following purposes:
(1) To offset the costs of implementing the Initiative
within the agency.
(2) To further enhance information technology capabilities
and services within the agency.
(e) Government Accountability Office Review.--Not later than 3
months after the date of the enactment of this Act, the Comptroller
General of the United States shall examine methods for calculating
savings from the Initiative and using them for the purposes identified
in subsection (d), including establishment and use of a special
revolving fund that supports data centers and server optimization, and
shall submit to the Federal Chief Information Officer and Congress a
report on the Comptroller General's findings and recommendations.
SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF
INFORMATION OFFICER.
(a) Agency Requirement To Report to CIO.--Each year, each covered
agency shall submit to the Federal Chief Information Officer a report
on the implementation of the Federal Data Center Optimization
Initiative, including savings resulting from such implementation. The
report shall include an update of the agency's plan for implementing
the Initiative.
(b) Federal Chief Information Officer Requirement To Report to
Congress.--Each year, the Federal Chief Information Officer shall
submit to the relevant congressional committees a report that assesses
agency progress in carrying out the Federal Data Center Optimization
Initiative and updates the plan under section 203. The report may be
included as part of the annual report required under section 3606 of
title 44, United States Code.
TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION
TECHNOLOGY ACQUISITION
SEC. 301. INVENTORY OF INFORMATION TECHNOLOGY ASSETS.
(a) Plan.--The Director shall develop a plan for conducting a
Governmentwide inventory of information technology assets.
(b) Matters Covered.--The plan required by subsection (a) shall
cover the following:
(1) The manner in which Federal agencies can achieve the
greatest possible economies of scale and cost savings in the
procurement of information technology assets, through measures
such as reducing hardware or software products or services that
are duplicative or overlapping and reducing the procurement of
new software licenses until such time as agency needs exceed
the number of existing and unused licenses.
(2) The capability to conduct ongoing Governmentwide
inventories of all existing software licenses on an
application-by-application basis, including duplicative,
unused, overused, and underused licenses, and to assess the
need of agencies for software licenses.
(3) A Governmentwide spending analysis to provide knowledge
about how much is being spent for software products or services
to support decisions for strategic sourcing under the Federal
strategic sourcing program managed by the Office of Federal
Procurement Policy.
(c) Other Inventories.--In developing the plan required by
subsection (a), the Director shall review the inventory of information
systems maintained by each agency under section 3505(c) of title 44,
United States Code, and the inventory of information resources
maintained by each agency under section 3506(b)(4) of such title.
(d) Availability.--The inventory of information technology assets
shall be available to Chief Information Officers and such other Federal
officials as the Chief Information Officers may, in consultation with
the Chief Information Officers Council, designate.
(e) Deadline and Submission to Congress.--Not later than 180 days
after the date of the enactment of this Act, the Director shall
complete and submit to Congress the plan required by subsection (a).
(f) Implementation.--Not later than two years after the date of the
enactment of this Act, the Director shall complete implementation of
the plan required by subsection (a).
(g) Review by Comptroller General.--Not later than two years after
the date of the enactment of this Act, the Comptroller General of the
United States shall review the plan required by subsection (a) and
submit to the relevant congressional committees a report on the review.
SEC. 302. WEBSITE CONSOLIDATION AND TRANSPARENCY.
(a) Website Consolidation.--The Director shall--
(1) in consultation with Federal agencies, and after
reviewing the directory of public Federal Government websites
of each agency (as required to be established and updated under
section 207(f)(3) of the E-Government Act of 2002 (Public Law
107-347; 44 U.S.C. 3501 note)), assess all the publicly
available websites of Federal agencies to determine whether
there are duplicative or overlapping websites; and
(2) require Federal agencies to eliminate or consolidate
those websites that are duplicative or overlapping.
(b) Website Transparency.--The Director shall issue guidance to
Federal agencies to ensure that the data on publicly available websites
of the agencies are open and accessible to the public.
(c) Matters Covered.--In preparing the guidance required by
subsection (b), the Director shall--
(1) develop guidelines, standards, and best practices for
interoperability and transparency;
(2) identify interfaces that provide for shared, open
solutions on the publicly available websites of the agencies;
and
(3) ensure that Federal agency Internet home pages, web-
based forms, and web-based applications are accessible to
individuals with disabilities in conformance with section 508
of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
(d) Deadline for Guidance.--The guidance required by subsection (b)
shall be issued not later than 180 days after the date of the enactment
of this Act.
SEC. 303. TRANSITION TO THE CLOUD.
(a) Sense of Congress.--It is the sense of Congress that transition
to cloud computing offers significant potential benefits for the
implementation of Federal information technology projects in terms of
flexibility, cost, and operational benefits.
(b) Governmentwide Application.--In assessing cloud computing
opportunities, the Chief Information Officers Council shall define
policies and guidelines for the adoption of Governmentwide programs
providing for a standardized approach to security assessment and
operational authorization for cloud products and services.
(c) Additional Budget Authorities for Transition.--In transitioning
to the cloud, a Chief Information Officer of an agency listed in
section 901(b) of title 31, United States Code, may establish such
cloud service Working Capital Funds as may be necessary to transition
to cloud-based solutions. These cloud service Working Capital Funds may
preserve funding for cloud service transitions for a period not to
exceed 5 years per appropriation.
SEC. 304. ELIMINATION OF UNNECESSARY DUPLICATION OF CONTRACTS BY
REQUIRING BUSINESS CASE ANALYSIS.
(a) Purpose.--The purpose of this section is to leverage the
Government's buying power and achieve administrative efficiencies and
cost savings by eliminating unnecessary duplication of contracts.
(b) Requirement for Business Case Approval.--
(1) In general.--Effective on and after 180 days after the
date of the enactment of this Act, an executive agency may not
issue a solicitation for a covered contract vehicle unless the
agency performs a business case analysis for the contract
vehicle and obtains an approval of the business case analysis
from the Administrator for Federal Procurement Policy.
(2) Review of business case analysis.--
(A) In general.--With respect to any covered
contract vehicle, the Administrator for Federal
Procurement Policy shall review the business case
analysis submitted for the contract vehicle and provide
an approval or disapproval within 100 days after the
date of submission. Any business case analysis not
disapproved within such 100-day period is deemed to be
approved.
(B) Basis for approval of business case.--The
Administrator for Federal Procurement Policy shall
approve or disapprove a business case analysis based on
the adequacy of the analysis submitted. The
Administrator shall give primary consideration to
whether an agency has demonstrated a compelling need
that cannot be satisfied by existing Governmentwide
contract vehicles in a timely and cost-effective
manner.
(3) Content of business case analysis.--The Administrator
for Federal Procurement Policy shall issue guidance specifying
the content for a business case analysis submitted pursuant to
this section. At a minimum, the business case analysis shall
include details on the administrative resources needed for such
contract vehicle, including an analysis of all direct and
indirect costs to the Federal Government of awarding and
administering such contract vehicle and the impact such
contract vehicle will have on the ability of the Federal
Government to leverage its purchasing power.
(c) Definitions.--
(1) Covered contract vehicle.--The term ``covered contract
vehicle'' has the meaning provided by the Administrator for
Federal Procurement Policy in guidance issued pursuant to this
section and includes, at a minimum, any Governmentwide contract
vehicle , whether for acquisition of information technology or
other goods or services, in an amount greater than $50,000,000
(or $10,000,000, determined on an average annual basis, in the
case of such a contract vehicle performed over more than one
year). The term does not include a multiple award schedule
contract awarded by the General Services Administration, a
Governmentwide acquisition contract for information technology
awarded pursuant to sections 11302(e) and 11314(a)(2) of title
40, United States Code, or orders against existing
Governmentwide contract vehicles.
(2) Governmentwide contract vehicle and executive agency.--
The terms ``Governmentwide contract vehicle'' and ``executive
agency'' have the meanings provided in section 11501 of title
40, United States Code, as added by section 401.
(d) Report.--Not later than June 1 in each of the next 6 years
following the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall submit to the relevant congressional
committees a report on the implementation of this section, including a
summary of the submissions, reviews, approvals, and disapprovals of
business case analyses pursuant to this section.
(e) Guidance.--The Administrator for Federal Procurement Policy
shall issue guidance for implementing this section.
(f) Revision of FAR.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulation shall be
amended to implement this section.
TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION TECHNOLOGY
ACQUISITION MANAGEMENT PRACTICES
Subtitle A--Strengthening and Streamlining IT Program Management
Practices
SEC. 401. ESTABLISHMENT OF FEDERAL INFRASTRUCTURE AND COMMON
APPLICATION COLLABORATION CENTER.
(a) Establishment.--
(1) In general.--Chapter 115 of title 40, United States
Code, is amended to read as follows:
``CHAPTER 115--INFORMATION TECHNOLOGY ACQUISITION MANAGEMENT PRACTICES
``Sec.
``11501. Federal Infrastructure and Common Application Collaboration
Center.
``Sec. 11501. Federal Infrastructure and Common Application
Collaboration Center
``(a) Establishment and Purposes.--The Director of the Office of
Management and Budget shall establish a Federal Infrastructure and
Common Application Collaboration Center (hereafter in this section
referred to as the `Collaboration Center') within the Office of
Management and Budget in accordance with this section. The purposes of
the Collaboration Center are to serve as a focal point for coordinated
program management practices and to develop and maintain requirements
for the acquisition of IT infrastructure and common applications
commonly used by various Federal agencies.
``(b) Organization of Center.--
``(1) Membership.--The Center shall consist of the
following members:
``(A) An appropriate number, as determined by the
CIO Council, but not less than 12, full-time program
managers or cost specialists, all of whom have
appropriate experience in the private or Government
sector in managing or overseeing acquisitions of IT
infrastructure and common applications.
``(B) At least 1 full-time detailee from each of
the Federal agencies listed in section 901(b) of title
31, nominated by the respective agency chief
information officer for a detail period of not less
than 2 years.
``(2) Working groups.--The Collaboration Center shall have
working groups that specialize in IT infrastructure and common
applications identified by the CIO Council. Each working group
shall be headed by a separate dedicated program manager
appointed by the CIO Council.
``(c) Capabilities and Functions of the Collaboration Center.--For
each of the IT infrastructure and common application areas identified
by the CIO Council, the Collaboration Center shall perform the
following roles, and any other functions as directed by the CIO
Council:
``(1) Develop, maintain, and disseminate requirements
suitable to establish contracts that will meet the common and
general needs of various Federal agencies as determined by the
Center. In doing so, the Center shall give maximum
consideration to the adoption of commercial standards and
industry acquisition best practices, including opportunities
for shared services, consideration of total cost of ownership,
preference for industry-neutral functional specifications
leveraging open industry standards and competition, use of open
source software, and use of long-term contracts, as
appropriate.
``(2) Develop, maintain, and disseminate reliable cost
estimates that are accurate, comprehensive, well-documented,
and credible.
``(3) Lead the review of significant or troubled IT
investments or acquisitions as identified by the CIO Council.
``(4) Provide expert aid to troubled IT investments or
acquisitions.
``(d) Guidance.--The Director, in consultation with the Chief
Information Officers Council, shall issue guidance addressing the scope
and operation of the Collaboration Center. The guidance shall require
that the Collaboration Center report to the Federal Chief Information
Officer or his delegate.
``(e) Report to Congress.--The Director shall annually submit to
the relevant congressional committees a report detailing the
organization, staff, and activities of the Collaboration Center,
including a list of IT infrastructure and common applications the
Center assisted and an assessment of the Center's achievement in
promoting efficiency, shared services, and elimination of unnecessary
Government requirements that are contrary to commercial best practices.
``(f) Improvement of the DOD Enterprise Software Initiative and GSA
Smartbuy Program.--
``(1) In general.--The Collaboration Center, in
collaboration with the Office of Federal Procurement Policy,
the Department of Defense, and the General Services
Administration, shall identify and develop a strategic sourcing
initiative to enhance Governmentwide acquisition, shared use,
and dissemination of software, as well as compliance with end
user license agreements.
``(2) Examination of methods.--In developing the strategic
sourcing initiative, the Collaboration Center shall examine the
use of realistic and effective demand aggregation models
supported by actual agency commitment to use the models, and
supplier relationship management practices, to more effectively
govern the Government's acquisition of information technology.
``(3) Governmentwide user license agreement.--The
Collaboration Center, in coordination with the Department of
Defense and the General Services Administration, shall issue
guidelines for establishing a Governmentwide contract vehicle
that allows for the purchase of a license agreement that is
available for use by all executive agencies as one user. To the
maximum extent practicable, in establishing the Governmentwide
contract vehicle, the Collaboration Center shall pursue direct
negotiation and contracting with major software publishers as
prime contractors.
``(g) Guidelines for Acquisition of IT Infrastructure and Common
Applications.--
``(1) Guidelines.--The Collaboration Center shall establish
guidelines that, to the maximum extent possible, eliminate
inconsistent practices among executive agencies and ensure
uniformity and consistency in acquisition processes for IT
infrastructure and common applications across the Federal
Government.
``(2) Central website.--In preparing the guidelines, the
Collaboration Center, in consultation with the Chief
Acquisition Officers Council, shall offer executive agencies
the option of accessing a central website for best practices,
templates, and other relevant information.
``(h) Pricing Transparency.--The Collaboration Center, in
collaboration with the Office of Federal Procurement Policy, the Chief
Acquisition Officers Council, the General Services Administration, and
the Assisted Acquisition Centers of Excellence, shall compile a price
list and catalogue containing current pricing information by vendor for
each of its IT infrastructure and common applications categories. The
price catalogue shall contain any price provided by a vendor for the
same or similar good or service to any executive agency. The catalogue
shall be developed in a fashion ensuring that it may be used for
pricing comparisons and pricing analysis using standard data formats.
The price catalogue shall not be made public, but shall be accessible
to executive agencies.
``(i) Federal IT Acquisition Management Improvement Fund.--
``(1) Establishment and management of fund.--There is a
Federal IT Acquisition Management Improvement Fund (in this
subsection referred to as the `Fund'). The Administrator of
General Services shall manage the Fund through the
Collaboration Center to support the activities of the
Collaboration Center carried out pursuant to this section. The
Administrator of General Services shall consult with the
Director in managing the Fund.
``(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.
``(B) Governmentwide contracts for the acquisition
of information technology and multiagency acquisition
contracts for that technology authorized by section
11314 of this title.
``(C) Multiple-award schedule contracts entered
into by the Administrator of General Services.
``(3) Remittance by head of executive agency.--The head of
an executive agency that administers 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 not to be used for other purposes.--The
Administrator of General Services, through the Office of
Management and Budget, shall ensure that amounts collected
under this subsection are not used for a purpose other than the
activities of the Collaboration Center 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.
``(j) Definitions.--In this section:
``(1) Executive agency.--The term `executive agency' has
the meaning provided that term by section 105 of title 5.
``(2) Governmentwide contract vehicle.--The term
`Governmentwide contract vehicle' means any contract, blanket
purchase agreement, or other contractual instrument that allows
for an indefinite number of orders to be placed within the
contract, agreement, or instrument, and that is established by
one executive agency for use by multiple executive agencies to
obtain supplies and services.
``(3) Relevant congressional committees.--The term
`relevant congressional committees' means each of the
following:
``(A) The Committee on Oversight and Government
Reform and the Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.
``(k) Revision of FAR.--The Federal Acquisition Regulation shall be
amended to implement this section.''.
(2) Clerical amendment.--The item relating to chapter 115
in the table of chapters at the beginning of subtitle III of
title 40, United States Code, is amended to read as follows:
``115. Information Technology Acquisition Management 11501''.
Practices.
(b) Deadlines.--
(1) Not later than 180 days after the date of the enactment
of this Act, the Director shall issue guidance under section
11501(d) of title 40, United States Code, as added by
subsection (a).
(2) Not later than 1 year after the date of the enactment
of this Act, the Director shall establish the Federal
Infrastructure and Common Application Collaboration Center, in
accordance with section 11501(a) of such title, as so added.
(3) Not later than 2 years after the date of the enactment
of this Act, the Federal Infrastructure and Common Application
Collaboration Center shall--
(A) identify and develop a strategic sourcing
initiative in accordance with section 11501(f) of such
title, as so added; and
(B) establish guidelines in accordance with section
11501(g) of such title, as so added.
SEC. 402. DESIGNATION OF ASSISTED ACQUISITION CENTERS OF EXCELLENCE.
(a) Designation.--Chapter 115 of title 40, United States Code, as
amended by section 401, is further amended by adding at the end the
following new section:
``Sec. 11502. Assisted Acquisition Centers of Excellence
``(a) Purpose.--The purpose of this section is to develop
specialized assisted acquisition centers of excellence within the
Federal Government to promote--
``(1) the effective use of best acquisition practices;
``(2) the development of specialized expertise in the
acquisition of information technology; and
``(3) Governmentwide sharing of acquisition capability to
augment any shortage in the information technology acquisition
workforce.
``(b) Designation of AACEs.--Not later than 1 year after the date
of the enactment of this section, and every 3 years thereafter, the
Director of the Office of Management and Budget, in consultation with
the Chief Acquisition Officers Council and the Chief Information
Officers Council, shall designate, redesignate, or withdraw the
designation of acquisition centers of excellence within various
executive agencies to carry out the functions set forth in subsection
(c) in an area of specialized acquisition expertise as determined by
the Director. Each such center of excellence shall be known as an
`Assisted Acquisition Center of Excellence' or an `AACE'.
``(c) Functions.--The functions of each AACE are as follows:
``(1) Best practices.--To promote, develop, and implement
the use of best acquisition practices in the area of
specialized acquisition expertise that the AACE is designated
to carry out by the Director under subsection (b).
``(2) Assisted acquisitions.--To assist all Government
agencies in the expedient and low-cost acquisition of the
information technology goods or services covered by such area
of specialized acquisition expertise by engaging in repeated
and frequent acquisition of similar information technology
requirements.
``(3) Development and training of it acquisition
workforce.--To assist in recruiting and training IT acquisition
cadres (referred to in section 1704(j) of title 41).
``(d) Criteria.--In designating, redesignating, or withdrawing the
designation of an AACE, the Director shall consider, at a minimum, the
following matters:
``(1) The subject matter expertise of the host agency in a
specific area of information technology acquisition.
``(2) For acquisitions of IT infrastructure and common
applications covered by the Federal Infrastructure and Common
Application Collaboration Center established under section
11501 of this title, the ability and willingness to collaborate
with the Collaboration Center and adhere to the requirements
standards established by the Collaboration Center.
``(3) The ability of an AACE to develop customized
requirements documents that meet the needs of executive
agencies as well as the current industry standards and
commercial best practices.
``(4) The ability of an AACE to consistently award and
manage various contracts, task or delivery orders, and other
acquisition arrangements in a timely, cost-effective, and
compliant manner.
``(5) The ability of an AACE to aggregate demands from
multiple executive agencies for similar information technology
goods or services and fulfill those demands in one acquisition.
``(6) The ability of an AACE to acquire innovative or
emerging commercial and noncommercial technologies using
various contracting methods, including ways to lower the entry
barriers for small businesses with limited Government
contracting experiences.
``(7) The ability of an AACE to maximize commercial item
acquisition, effectively manage high-risk contract types,
increase competition, promote small business participation, and
maximize use of available Governmentwide contract vehicles.
``(8) The existence of an in-house cost estimating group
with expertise to consistently develop reliable cost estimates
that are accurate, comprehensive, well-documented, and
credible.
``(9) The ability of an AACE to employ best practices and
educate requesting agencies, to the maximum extent practicable,
regarding critical factors underlying successful major IT
acquisitions, including the following factors:
``(A) Active engagement by program officials with
stakeholders.
``(B) Possession by program staff of the necessary
knowledge and skills.
``(C) Support of the programs by senior department
and agency executives.
``(D) Involvement by end users and stakeholders in
the development of requirements.
``(E) Participation by end users in testing of
system functionality prior to formal end user
acceptance testing.
``(F) Stability and consistency of Government and
contractor staff.
``(G) Prioritization of requirements by program
staff.
``(H) Maintenance of regular communication with the
prime contractor by program officials.
``(I) Receipt of sufficient funding by programs.
``(10) The ability of an AACE to run an effective
acquisition intern program in collaboration with the Federal
Acquisition Institute or the Defense Acquisition University.
``(11) The ability of an AACE to effectively and properly
manage fees received for assisted acquisitions pursuant to this
section.
``(e) Funds Received by AACEs.--
``(1) Availability.--Notwithstanding any other provision of
law or regulation, funds obligated and transferred from an
executive agency in a fiscal year to an AACE for the
acquisition of goods or services covered by an area of
specialized acquisition expertise of an AACE, regardless of
whether the requirements are severable or non-severable, shall
remain available for awards of contracts by the AACE for the
same general requirements for the next 5 fiscal years following
the fiscal year in which the funds were transferred.
``(2) Additional transfer authority.--If the AACE to which
the funds are transferred under paragraph (1) becomes unable to
fulfill the requirements of the executive agency from which the
funds were transferred, the funds may be transferred to a
different AACE to fulfill such requirements. The funds so
transferred shall be used for the same purpose and remain
available for the same period of time as applied when
transferred to the original AACE.
``(3) Relationship to existing authorities.--This
subsection does not limit any existing authorities an AACE may
have under its revolving or working capital funds authorities.
``(f) Government Accountability Office Review of AACE.--
``(1) Review.--The Comptroller General of the United States
shall review and assess the use and management of fees received
by the AACEs pursuant to this section to ensure that an
appropriate fee structure is established and enforced to cover
activities addressed in this section and that no excess fees
are charged or retained.
``(2) Reports.--Not later than 1 year after the designation
or redesignation of AACES under subsection (b), the Comptroller
General shall submit to the relevant congressional committees a
report containing the findings and assessment under paragraph
(1).
``(g) Definitions.--In this section:
``(1) Assisted acquisition.--The term `assisted
acquisition' means a type of interagency acquisition in which
the parties enter into an interagency agreement pursuant to
which--
``(A) the servicing agency performs acquisition
activities on the requesting agency's behalf, such as
awarding, administering, or closing out a contract,
task order, delivery order, or blanket purchase
agreement; and
``(B) funding is provided through a franchise fund,
the Acquisition Services Fund in section 321 of this
title, sections 1535 and 1536 of title 31, or other
available methods.
``(2) Executive agency.--The term `executive agency' has
the meaning provided that term by section 133 of title 41.
``(3) Relevant congressional committees.--The term
`relevant congressional committees' has the meaning provided
that term by section 11501 of this title.
``(h) Revision of FAR.--The Federal Acquisition Regulation shall be
amended to implement this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 115 of title 40, United States Code, as amended by section 401,
is further amended by adding at the end the following new item:
``11502. Assisted Acquisition Centers of Excellence.''.
Subtitle B--Strengthening IT Acquisition Workforce
SEC. 411. EXPANSION OF TRAINING AND USE OF INFORMATION TECHNOLOGY
ACQUISITION CADRES.
(a) Purpose.--The purpose of this section is to ensure timely
progress by Federal agencies toward developing, strengthening, and
deploying personnel with highly specialized skills in information
technology acquisition, including program and project managers, to be
known as information technology acquisition cadres.
(b) Report to Congress.--Section 1704 of title 41, United States
Code, is amended by adding at the end the following new subsection:
``(j) Strategic Plan on Information Technology Acquisition
Cadres.--
``(1) Five-year strategic plan to congress.--Not later than
June 1 following the date of the enactment of this subsection,
the Director shall submit to the relevant congressional
committees a 5-year strategic plan (to be known as the `IT
Acquisition Cadres Strategic Plan') to develop, strengthen, and
solidify information technology acquisition cadres. The plan
shall include a timeline for implementation of the plan and
identification of individuals responsible for specific elements
of the plan during the 5-year period covered by the plan.
``(2) Matters covered.--The plan shall address, at a
minimum, the following matters:
``(A) Current information technology acquisition
staffing challenges in Federal agencies, by previous
year's information technology acquisition value, and by
the Federal Government as a whole.
``(B) The variety and complexity of information
technology acquisitions conducted by each Federal
agency covered by the plan, and the specialized
information technology acquisition workforce needed to
effectively carry out such acquisitions.
``(C) The development of a sustainable funding
model to support efforts to hire, retain, and train an
information technology acquisition cadre of appropriate
size and skill to effectively carry out the acquisition
programs of the Federal agencies covered by the plan,
including an examination of interagency funding methods
and a discussion of how the model of the Defense
Acquisition Workforce Development Fund could be applied
to civilian agencies.
``(D) Any strategic human capital planning
necessary to hire, retain, and train an information
acquisition cadre of appropriate size and skill at each
Federal agency covered by the plan.
``(E) Governmentwide training standards and
certification requirements necessary to enhance the
mobility and career opportunities of the Federal
information technology acquisition cadre within the
Federal agencies covered by the plan.
``(F) New and innovative approaches to workforce
development and training, including cross-functional
training, rotational development, and assignments both
within and outside the Government.
``(G) Appropriate consideration and alignment with
the needs and priorities of the Infrastructure and
Common Application Collaboration Center, Assisted
Acquisition Centers of Excellence, and acquisition
intern programs.
``(H) Assessment of the current workforce
competency and usage trends in evaluation technique to
obtain best value, including proper handling of
tradeoffs between price and nonprice factors.
``(I) Assessment of the current workforce
competency in designing and aligning performance goals,
life cycle costs, and contract incentives.
``(J) Assessment of the current workforce
competency in avoiding brand-name preference and using
industry-neutral functional specifications to leverage
open industry standards and competition.
``(K) Use of integrated program teams, including
fully dedicated program managers, for each complex
information technology investment.
``(L) Proper assignment of recognition or
accountability to the members of an integrated program
team for both individual functional goals and overall
program success or failure.
``(M) The development of a technology fellows
program that includes provisions for recruiting, for
rotation of assignments, and for partnering directly
with universities with well-recognized information
technology programs.
``(N) The capability to properly manage other
transaction authority (where such authority is
granted), including ensuring that the use of the
authority is warranted due to unique technical
challenges, rapid adoption of innovative or emerging
commercial or noncommercial technologies, or other
circumstances that cannot readily be satisfied using a
contract, grant, or cooperative agreement in accordance
with applicable law and the Federal Acquisition
Regulation.
``(O) Any other matters the Director considers
appropriate.
``(3) Annual report.--Not later than June 1 in each of the
5 years following the year of submission of the plan required
by paragraph (1), the Director shall submit to the relevant
congressional committees an annual report outlining the
progress made pursuant to the plan.
``(4) Government accountability office review of the plan
and annual report.--
``(A) Not later than 1 year after the submission of
the plan required by paragraph (1), the Comptroller
General of the United States shall review the plan and
submit to the relevant congressional committees a
report on the review.
``(B) Not later than 6 months after the submission
of the first, third, and fifth annual report required
under paragraph (3), the Comptroller General shall
independently assess the findings of the annual report
and brief the relevant congressional committees on the
Comptroller General's findings and recommendations to
ensure the objectives of the plan are accomplished.
``(5) Definitions.--In this subsection:
``(A) The term `Federal agency' means each agency
listed in section 901(b) of title 31.
``(B) The term `relevant congressional committees'
means each of the following:
``(i) The Committee on Oversight and
Government Reform and the Committee on Armed
Services of the House of Representatives.
``(ii) The Committee on Homeland Security
and Governmental Affairs and the Committee on
Armed Services of the Senate.''.
SEC. 412. PLAN ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT
PERFORMANCE.
(a) Plan on Strengthening Program and Project Management
Performance.--Not later than June 1 following the date of the enactment
of this Act, the Director, in consultation with the Director of the
Office of Personnel Management, shall submit to the relevant
congressional committees a plan for improving management of IT programs
and projects.
(b) Matters Covered.--The plan required by subsection (a) shall
include, at a minimum, the following:
(1) Creation of a specialized career path for program
management.
(2) The development of a competency model for program
management consistent with the IT project manager model.
(3) A career advancement model that requires appropriate
expertise and experience for advancement.
(4) A career advancement model that is more competitive
with the private sector and that recognizes both Government and
private sector experience.
(5) Appropriate consideration and alignment with the needs
and priorities of the Infrastructure and Common Application
Collaboration Center, the Assisted Acquisition Centers of
Excellence, and acquisition intern programs.
(c) Combination With Other Cadres Plan.--The Director may combine
the plan required by subsection (a) with the IT Acquisition Cadres
Strategic Plan required under section 1704(j) of title 41, United
States Code, as added by section 411.
SEC. 413. PERSONNEL AWARDS FOR EXCELLENCE IN THE ACQUISITION OF
INFORMATION SYSTEMS AND INFORMATION TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall develop policy and guidance for agencies to develop a
program to recognize excellent performance by Federal Government
employees and teams of such employees in the acquisition of information
systems and information technology for the agency.
(b) Elements.--The program referred to in subsection (a) shall, to
the extent practicable--
(1) obtain objective outcome measures; and
(2) include procedures for--
(A) the nomination of Federal Government employees
and teams of such employees for eligibility for
recognition under the program; and
(B) the evaluation of nominations for recognition
under the program by 1 or more agency panels of
individuals from Government, academia, and the private
sector who have such expertise, and are appointed in
such a manner, as the Director of the Office of
Personal Management shall establish for purposes of the
program.
(c) Award of Cash Bonuses and Other Incentives.--In carrying out
the program referred to in subsection (a), the Director of the Office
of Personnel Management, in consultation with the Director of the
Office of Management and Budget, shall establish policies and guidance
for agencies to reward any Federal Government employee or teams of such
employees recognized pursuant to the program--
(1) with a cash bonus, to the extent that the performance
of such individual or team warrants the award of such bonus and
is authorized by any provision of law;
(2) through promotions and other nonmonetary awards;
(3) by publicizing--
(A) acquisition accomplishments by individual
employees; and
(B) the tangible end benefits that resulted from
such accomplishments, as appropriate; and
(4) through other awards, incentives, or bonuses that the
head of the agency considers appropriate.
TITLE V--ADDITIONAL REFORMS
SEC. 501. MAXIMIZING THE BENEFIT OF THE FEDERAL STRATEGIC SOURCING
INITIATIVE.
Not later than 180 days after the date of the enactment of this
Act, the Administrator for Federal Procurement Policy shall prescribe
regulations providing that when the Federal Government makes a purchase
of services and supplies offered under the Federal Strategic Sourcing
Initiative (managed by the Office of Federal Procurement Policy) but
such Initiative is not used, the contract file for the purchase shall
include a brief analysis of the comparative value, including price and
nonprice factors, between the services and supplies offered under such
Initiative and services and supplies offered under the source or
sources used for the purchase.
SEC. 502. PROMOTING TRANSPARENCY OF BLANKET PURCHASE AGREEMENTS.
(a) Price Information To Be Treated as Public Information.--The
final negotiated price offered by an awardee of a blanket purchase
agreement shall be treated as public information.
(b) Publication of Blanket Purchase Agreement Information.--Not
later than 180 days after the date of the enactment of this Act, the
Administrator of General Services shall make available to the public a
list of all blanket purchase agreements entered into by Federal
agencies under its Federal Supply Schedules contracts and the prices
associated with those blanket purchase agreements. The list and price
information shall be updated at least once every 6 months.
SEC. 503. ADDITIONAL SOURCE SELECTION TECHNIQUE IN SOLICITATIONS.
Section 3306(d) of title 41, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period and inserting ``; or'' at the
end of paragraph (2); and
(3) by adding at the end the following new paragraph:
``(3) stating in the solicitation that the award will be
made using a fixed price technical competition, under which all
offerors compete solely on nonprice factors and the fixed award
price is pre-announced in the solicitation.''.
SEC. 504. ENHANCED TRANSPARENCY IN INFORMATION TECHNOLOGY INVESTMENTS.
(a) Public Availability of Information About IT Investments.--
Section 11302(c) of title 40, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Public availability.--
``(A) In general.--The Director shall make
available to the public the cost, schedule, and
performance data for at least 80 percent (by dollar
value) of all information technology investments
Governmentwide, and 60 percent (by dollar value) of all
information technology investments in each Federal
agency listed in section 901(b) of title 31. The
Director shall ensure that the information is current,
accurate, and reflects the risks associated with each
covered information technology investment.
``(B) Waiver or limitation authority.--The
applicability of subparagraph (A) may be waived or the
extent of the information may be limited--
``(i) by the Director, with respect to IT
investments Governmentwide; and
``(ii) by the Chief Information Officer of
a Federal agency, with respect to IT
investments in that agency;
if the Director or the Chief Information Officer, as
the case may be, determines that such a waiver or
limitation is in the national security interests of the
United States.''.
(b) Additional Report Requirements.--Paragraph (3) of section
11302(c) of such title, as redesignated by subsection (a), is amended
by adding at the end the following: ``The report shall include an
analysis of agency trends reflected in the performance risk information
required in paragraph (2).''.
SEC. 505. ENHANCED COMMUNICATION BETWEEN GOVERNMENT AND INDUSTRY.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulatory Council shall prescribe a
regulation making clear 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.
SEC. 506. CLARIFICATION OF CURRENT LAW WITH RESPECT TO OPEN SOURCE
SOFTWARE.
(a) Purpose.--The purpose of this section is to establish guidance
and processes to clarify that open source software is a valid
procurement option that shall receive full consideration alongside
other options, in merit-based requirements development and evaluation
processes that promote procurement choices based on performance and
value, and free of preconceived preferences based on how technology is
developed, licensed, or distributed within the Federal Government.
(b) Technology Neutrality.--Nothing in this section shall be
construed to modify the Federal Government's long-standing policy of
following technology-neutral principles and practices when selecting
and acquiring information technology that best fits the needs of the
Federal Government.
(c) Standards and Guidelines.--Section 11302(d) of title 40, United
States Code, is amended by adding at the end the following: ``The
standards and guidelines shall include those necessary to enable
effective adoption of open source software.''.
(d) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Director, in consultation with the Chief
Information Officers Council, shall issue guidance for the use and
collaborative development of open source software within the Federal
Government.
(e) Matters Covered.--In issuing guidance under subsection (c), the
Director shall include, at a minimum, the following:
(1) Guidance to clarify that the preference for commercial
items in section 3307 of title 41, United States Code, includes
all open source software that meets the definition of the term
``commercial item'' in section 103 of title 41, United States
Code, including all such software that is used for non-
Government purposes and is licensed to the public.
(2) Guidance regarding the conduct of market research to
ensure the inclusion of open source software.
(3) Guidance to establish a program to educate the
acquisition workforce by providing information to identify and
counter misconceptions about open source software and to keep
such information updated.
(4) Guidance to define Governmentwide standards for
security, redistribution, indemnity, and copyright in the
acquisition, use, release, and collaborative development of
open source software.
(5) Guidance for the adoption of available commercial
practices to acquire open source software for widespread
Government use, including issues such as security and
redistribution rights.
(6) Guidance to establish standard service level agreements
for maintenance and support for open source software products
widely adopted by the Government, as well as the development of
Governmentwide agreements that contain standard and widely
applicable contract provisions for ongoing maintenance and
development of open source software.
(7) Guidance on the role and use of the Federal
Infrastructure and Common Application Collaboration Center,
established pursuant to section 11501 of title 40, United
States Code (as added by section 401), for acquisition of open
source software.
(f) Report to Congress.--Not later than 2 years after the issuance
of the guidance required by subsection (b), the Comptroller General of
the United States shall submit to the relevant congressional committees
a report containing--
(1) an assessment of the effectiveness of the guidance;
(2) an identification of barriers to widespread use by the
Federal Government of open source software; and
(3) such legislative recommendations as the Comptroller
General considers appropriate to further the purposes of this
section.
Union Calendar No. 267
113th CONGRESS
2d Session
H. R. 1232
[Report No. 113-359]
_______________________________________________________________________
A BILL
To amend titles 40, 41, and 44, United States Code, to eliminate
duplication and waste in information technology acquisition and
management.
_______________________________________________________________________
February 25, 2014
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed