[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1232 Reported in Senate (RS)]
Calendar No. 577
113th CONGRESS
2d Session
H. R. 1232
[Report No. 113-262]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2014
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 18, 2014
Reported by Mr. Carper, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Information
Technology Acquisition Reform Act''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents for this Act is as
follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL
GOVERNMENT
<DELETED>Sec. 101. Increased authority of agency Chief Information
Officers over information technology.
<DELETED>Sec. 102. Lead coordination role of Chief Information Officers
Council.
<DELETED>Sec. 103. Reports by Government Accountability Office.
<DELETED>TITLE II--DATA CENTER OPTIMIZATION
<DELETED>Sec. 201. Purpose.
<DELETED>Sec. 202. Definitions.
<DELETED>Sec. 203. Federal data center optimization initiative.
<DELETED>Sec. 204. Performance requirements related to data center
consolidation.
<DELETED>Sec. 205. Cost savings related to data center optimization.
<DELETED>Sec. 206. Reporting requirements to Congress and the Federal
Chief Information Officer.
<DELETED>TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION
TECHNOLOGY ACQUISITION
<DELETED>Sec. 301. Inventory of information technology software assets.
<DELETED>Sec. 302. Website consolidation and transparency.
<DELETED>Sec. 303. Transition to the cloud.
<DELETED>Sec. 304. Elimination of unnecessary duplication of contracts
by requiring business case analysis.
<DELETED>TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION
TECHNOLOGY ACQUISITION MANAGEMENT PRACTICES
<DELETED>Subtitle A--Strengthening and Streamlining IT Program
Management Practices
<DELETED>Sec. 401. Pilot program on interagency collaboration.
<DELETED>Sec. 402. Designation of assisted acquisition centers of
excellence.
<DELETED>Subtitle B--Strengthening IT Acquisition Workforce
<DELETED>Sec. 411. Expansion of training and use of information
technology acquisition cadres.
<DELETED>Sec. 412. Plan on strengthening program and project management
performance.
<DELETED>Sec. 413. Personnel awards for excellence in the acquisition
of information systems and information
technology.
<DELETED>TITLE V--ADDITIONAL REFORMS
<DELETED>Sec. 501. Maximizing the benefit of the Federal strategic
sourcing initiative.
<DELETED>Sec. 502. Governmentwide software purchasing program.
<DELETED>Sec. 503. Promoting transparency of blanket purchase
agreements.
<DELETED>Sec. 504. Additional source selection technique in
solicitations.
<DELETED>Sec. 505. Enhanced transparency in information technology
investments.
<DELETED>Sec. 506. Enhanced communication between government and
industry.
<DELETED>Sec. 507. Clarification of current law with respect to
technology neutrality in acquisition of
software.
<DELETED>Sec. 508. No additional funds authorized.
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.</DELETED>
<DELETED> (5) Federal agency.--The term ``Federal agency''
means each agency listed in section 901(b) of title 31, United
States Code.</DELETED>
<DELETED> (6) 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.</DELETED>
<DELETED> (7) Information technology or it.--The term
``information technology'' or ``IT'' has the meaning provided
in section 11101(6) of title 40, United States Code.</DELETED>
<DELETED> (8) Relevant congressional committees.--The term
``relevant congressional committees'' means each of the
following:</DELETED>
<DELETED> (A) The Committee on Oversight and
Government Reform and the Committee on Armed Services
of the House of Representatives.</DELETED>
<DELETED> (B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Armed
Services of the Senate.</DELETED>
<DELETED>TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL
GOVERNMENT</DELETED>
<DELETED>SEC. 101. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION
OFFICERS OVER INFORMATION TECHNOLOGY.</DELETED>
<DELETED> (a) Presidential Appointment of CIOs of Certain
Agencies.--</DELETED>
<DELETED> (1) In general.--Section 11315 of title 40, United
States Code, is amended--</DELETED>
<DELETED> (A) by redesignating subsection (a) as
subsection (e) and moving such subsection to the end of
the section; and</DELETED>
<DELETED> (B) by inserting before subsection (b) the
following new subsection (a):</DELETED>
<DELETED> ``(a) Presidential Appointment or Designation of Certain
Chief Information Officers.--</DELETED>
<DELETED> ``(1) In general.--There shall be within each
agency listed in section 901(b)(1) of title 31 an agency Chief
Information Officer. Each agency Chief Information Officer
shall--</DELETED>
<DELETED> ``(A)(i) be appointed by the President;
or</DELETED>
<DELETED> ``(ii) be designated by the President, in
consultation with the head of the agency; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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,
on a full-time basis, 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.''.</DELETED>
<DELETED> (2) Conforming amendments.--Section 3506(a)(2) of
title 44, United States Code, is amended--</DELETED>
<DELETED> (A) by striking ``(A) Except as provided
under subparagraph (B), the head of each agency'' and
inserting ``The head of each agency, other than an
agency with a Presidentially appointed or designated
Chief Information Officer as provided in section
11315(a)(1) of title 40,''; and</DELETED>
<DELETED> (B) by striking subparagraph
(B).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(d) Additional Authorities for Certain CIOs.--</DELETED>
<DELETED> ``(1) Budget-related authority.--</DELETED>
<DELETED> ``(A) Planning.--Notwithstanding any other
provision of law, the head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31 and in
section 102 of title 5 shall ensure that the Chief
Information Officer of the agency has the authority to
participate in decisions regarding the budget planning
process related to information technology or programs
that include significant information technology
components.</DELETED>
<DELETED> ``(B) Allocation.--Notwithstanding any
other provision of law, amounts appropriated for any
agency listed in section 901(b)(1) or 901(b)(2) of
title 31 and in section 102 of title 5 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
specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief
Financial Officer of the agency and budget
officials.</DELETED>
<DELETED> ``(2) Personnel-related authority.--
Notwithstanding any other provision of law, the head of each
agency listed in section 901(b)(1) or 901(b)(2) of title 31
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.''.</DELETED>
<DELETED> (c) Single Chief Information Officer in Each Agency.--
</DELETED>
<DELETED> (1) Requirement.--Section 3506(a)(3) of title 44,
United States Code, is amended--</DELETED>
<DELETED> (A) by inserting ``(A)'' after ``(3)'';
and</DELETED>
<DELETED> (B) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(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'.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 102. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS
COUNCIL.</DELETED>
<DELETED> (a) Lead Coordination Role.--Subsection (d) of section
3603 of title 44, United States Code, is amended to read as
follows:</DELETED>
<DELETED> ``(d) Lead Interagency Forum.--</DELETED>
<DELETED> ``(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 guidelines and
practices for infrastructure and common information technology
applications, including expansion of the Federal Enterprise
Architecture process if appropriate. The guidelines and
practices may address broader transparency, common inputs,
common outputs, and outcomes achieved. The guidelines and
practices shall be used as a basis for comparing performance
across diverse missions and operations in various
agencies.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Relevant congressional committees.--For
purposes of the report required by paragraph (2), the relevant
congressional committees are each of the following:</DELETED>
<DELETED> ``(A) The Committee on Oversight and
Government Reform and the Committee on Armed Services
of the House of Representatives.</DELETED>
<DELETED> ``(B) The Committee on Homeland Security
and Governmental Affairs and the Committee on Armed
Services of the Senate.''.</DELETED>
<DELETED> (b) Additional Function.--Subsection (f) of section 3603
of such title is amended by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(8) Assist the Administrator in developing and
providing guidance for effective operations of the Federal
Infrastructure and Common Application Collaboration Center
authorized under section 11501 of title 40.''.</DELETED>
<DELETED> (c) References to Administrator of E-Government as Federal
Chief Information Officer.--</DELETED>
<DELETED> (1) References.--Section 3602(b) of title 44,
United States Code, is amended by adding at the end the
following: ``The Administrator may also be referred to as the
Federal Chief Information Officer.''.</DELETED>
<DELETED> (2) Definition.--Section 3601(1) of such title is
amended by inserting ``or Federal Chief Information Officer''
before ``means''.</DELETED>
<DELETED>SEC. 103. REPORTS BY GOVERNMENT ACCOUNTABILITY
OFFICE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) whether agencies are actively participating in
the Council and heeding the Council's advice and guidance;
and</DELETED>
<DELETED> (2) whether the Council is actively using and
developing the capabilities of the Federal Infrastructure and
Common Application Collaboration Center authorized under
section 11501 of title 40, United States Code, as added by
section 401.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>TITLE II--DATA CENTER OPTIMIZATION</DELETED>
<DELETED>SEC. 201. PURPOSE.</DELETED>
<DELETED> The purpose of this title is to optimize Federal data
center usage and efficiency.</DELETED>
<DELETED>SEC. 202. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Covered agency.--The term ``covered agency''
means any agency included in the Federal Data Center
Optimization Initiative.</DELETED>
<DELETED> (3) 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.</DELETED>
<DELETED> (4) 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.</DELETED>
<DELETED> (5) Server utilization.--The term ``server
utilization'' refers to the activity level of a server relative
to its maximum activity level, expressed as a
percentage.</DELETED>
<DELETED> (6) 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.</DELETED>
<DELETED>SEC. 203. FEDERAL DATA CENTER OPTIMIZATION
INITIATIVE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Matters Covered.--The plan shall include--</DELETED>
<DELETED> (1) descriptions of how covered agencies will use
reductions in floor space, energy use, infrastructure,
equipment, applications, personnel, increases in
multiorganizational use, server virtualization, cloud
computing, and other appropriate methods to meet the
requirements of the initiative; and</DELETED>
<DELETED> (2) appropriate consideration of shifting
Federally owned data center workload to commercially owned data
centers.</DELETED>
<DELETED>SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER
CONSOLIDATION.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The consolidation of services within existing
data centers to increase server utilization rates.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The use of the measurement of power usage
effectiveness to calculate data center energy
efficiency.</DELETED>
<DELETED> (2) The use of power meters in facilities
dedicated to data center operations to frequently measure power
consumption over time.</DELETED>
<DELETED> (3) The establishment of power usage effectiveness
goals for each data center.</DELETED>
<DELETED> (4) The adoption of best practices for managing--
</DELETED>
<DELETED> (A) temperature and airflow in facilities
dedicated to data center operations; and</DELETED>
<DELETED> (B) power supply efficiency.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 205. COST SAVINGS RELATED TO DATA CENTER
OPTIMIZATION.</DELETED>
<DELETED> (a) Requirement To Track Costs.--</DELETED>
<DELETED> (1) In general.--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.</DELETED>
<DELETED> (2) Factors.--In calculating net costs each year
under paragraph (1), a covered agency shall use the following
factors:</DELETED>
<DELETED> (A) Energy costs.</DELETED>
<DELETED> (B) Personnel costs.</DELETED>
<DELETED> (C) Real estate costs.</DELETED>
<DELETED> (D) Capital expense costs.</DELETED>
<DELETED> (E) Maintenance and support costs such as
operating subsystem, database, hardware, and software
license expense costs.</DELETED>
<DELETED> (F) Other appropriate costs, as determined
by the agency in consultation with the Federal Chief
Information Officer.</DELETED>
<DELETED> (b) Requirement To Track Savings.--</DELETED>
<DELETED> (1) In general.--Each covered agency shall track
realized and projected 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.</DELETED>
<DELETED> (2) Factors.--In calculating net savings each year
under paragraph (1), a covered agency shall use the following
factors:</DELETED>
<DELETED> (A) Energy savings.</DELETED>
<DELETED> (B) Personnel savings.</DELETED>
<DELETED> (C) Real estate savings.</DELETED>
<DELETED> (D) Capital expense savings.</DELETED>
<DELETED> (E) Maintenance and support savings such
as operating subsystem, database, hardware, and
software license expense savings.</DELETED>
<DELETED> (F) Other appropriate savings, as
determined by the agency in consultation with the
Federal Chief Information Officer.</DELETED>
<DELETED> (3) Public availability.--The Federal Chief
Information Officer shall make publicly available a summary of
realized and projected savings for each covered agency. The
Federal Chief Information Officer shall identify any covered
agency that failed to provide the annual report required under
paragraph (1).</DELETED>
<DELETED> (c) Requirement To Use Cost-Effective Measures.--Covered
agencies shall use the most cost-effective measures to implement the
Federal Data Center Optimization Initiative, such as using estimation
to measure or track costs and savings using a methodology approved by
the Federal Chief Information Officer.</DELETED>
<DELETED> (d) Government Accountability Office Review.--Not later
than 6 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.</DELETED>
<DELETED>SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL
CHIEF INFORMATION OFFICER.</DELETED>
<DELETED> (a) Agency Requirement To Report to CIO.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), each covered agency each year 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.</DELETED>
<DELETED> (2) Department of defense.--The Secretary of
Defense shall comply with paragraph (1) each year by submitting
to the Federal Chief Information Officer a report with relevant
information collected under section 2867 of Public Law 112-81
(10 U.S.C. 2223a note) or a copy of the report required under
section 2867(d) of such law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE III--ELIMINATION OF DUPLICATION AND WASTE IN INFORMATION
TECHNOLOGY ACQUISITION</DELETED>
<DELETED>SEC. 301. INVENTORY OF INFORMATION TECHNOLOGY SOFTWARE
ASSETS.</DELETED>
<DELETED> (a) Plan.--The Director shall develop a plan for
conducting a Governmentwide inventory of information technology
software assets.</DELETED>
<DELETED> (b) Matters Covered.--The plan required by subsection (a)
shall cover the following:</DELETED>
<DELETED> (1) The manner in which Federal agencies can
achieve the greatest possible economies of scale and cost
savings in the procurement of information technology software
assets, through measures such as reducing the procurement of
new software licenses until such time as agency needs exceed
the number of existing and unused licenses.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Availability.--The inventory of information technology
software 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.</DELETED>
<DELETED> (d) 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).</DELETED>
<DELETED> (e) 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).</DELETED>
<DELETED> (f) 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.</DELETED>
<DELETED>SEC. 302. WEBSITE CONSOLIDATION AND TRANSPARENCY.</DELETED>
<DELETED> (a) Website Consolidation.--The Director shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) require Federal agencies to eliminate or
consolidate those websites that are duplicative or
overlapping.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Matters Covered.--In preparing the guidance required
by subsection (b), the Director shall--</DELETED>
<DELETED> (1) develop guidelines, standards, and best
practices for interoperability and transparency;</DELETED>
<DELETED> (2) identify interfaces that provide for shared,
open solutions on the publicly available websites of the
agencies; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 303. TRANSITION TO THE CLOUD.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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, in consultation with the
Chief Financial Officer of the agency, as may be necessary to
transition to cloud-based solutions. Any establishment of a new Working
Capital Fund under this subsection shall be reported to the Committees
on Appropriations of the House of Representatives and the Senate and
relevant Congressional committees.</DELETED>
<DELETED>SEC. 304. ELIMINATION OF UNNECESSARY DUPLICATION OF CONTRACTS
BY REQUIRING BUSINESS CASE ANALYSIS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Requirement for Business Case Approval.--</DELETED>
<DELETED> (1) In general.--Chapter 33 of title 41, United
States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 3312. Requirement for business case approval for new
Governmentwide contracts</DELETED>
<DELETED> ``(a) In General.--An executive agency may not issue a
solicitation for a covered Governmentwide contract unless the agency
performs a business case analysis for the contract and obtains an
approval of the business case analysis from the Administrator for
Federal Procurement Policy.</DELETED>
<DELETED> ``(b) Review of Business Case Analysis.--</DELETED>
<DELETED> ``(1) In general.--With respect to any covered
Governmentwide contract, the Administrator for Federal
Procurement Policy shall review the business case analysis
submitted for the contract and provide an approval or
disapproval within 60 days after the date of submission. Any
business case analysis not disapproved within such 60-day
period is deemed to be approved.</DELETED>
<DELETED> ``(2) 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 in a timely and cost-effective
manner.</DELETED>
<DELETED> ``(c) 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,
including an analysis of all direct and indirect costs to the Federal
Government of awarding and administering such contract and the impact
such contract will have on the ability of the Federal Government to
leverage its purchasing power.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Covered governmentwide contract.--The term
`covered Governmentwide contract' means any contract, blanket
purchase agreement, or other contractual instrument for
acquisition of information technology or other goods or
services that allows for an indefinite number of orders to be
placed under the contract, agreement, or instrument, and that
is established by one executive agency for use by multiple
executive agencies to obtain goods or services. The term does
not include--</DELETED>
<DELETED> ``(A) a multiple award schedule contract
awarded by the General Services
Administration;</DELETED>
<DELETED> ``(B) a Governmentwide acquisition
contract for information technology awarded pursuant to
sections 11302(e) and 11314(a)(2) of title
40;</DELETED>
<DELETED> ``(C) orders under Governmentwide
contracts in existence before the effective date of
this section; or</DELETED>
<DELETED> ``(D) any contract in an amount less than
$10,000,000, determined on an average annual
basis.</DELETED>
<DELETED> ``(2) Executive agency.--The term `executive
agency' has the meaning provided that term by section 105 of
title 5.''.</DELETED>
<DELETED> (2) Clerical amendment.--The table of sections for
chapter 33 of title 41, United States Code, is amended by
adding after the item relating to section 3311 the following
new item:</DELETED>
<DELETED>``3312. Requirement for business case approval for new
Governmentwide contracts.''.
<DELETED> (c) 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
section 3312 of title 41, United States Code, as added by subsection
(b), including a summary of the submissions, reviews, approvals, and
disapprovals of business case analyses pursuant to such
section.</DELETED>
<DELETED> (d) Guidance.--The Administrator for Federal Procurement
Policy shall issue guidance for implementing section 3312 of such
title.</DELETED>
<DELETED> (e) 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 section 3312 of such title.</DELETED>
<DELETED> (g) Effective Date.--Section 3312 of such title is
effective on and after 180 days after the date of the enactment of this
Act.</DELETED>
<DELETED>TITLE IV--STRENGTHENING AND STREAMLINING INFORMATION
TECHNOLOGY ACQUISITION MANAGEMENT PRACTICES</DELETED>
<DELETED>Subtitle A--Strengthening and Streamlining IT Program
Management Practices</DELETED>
<DELETED>SEC. 401. PILOT PROGRAM ON INTERAGENCY
COLLABORATION.</DELETED>
<DELETED> (a) Pilot Program.--</DELETED>
<DELETED> (1) In general.--Chapter 115 of title 40, United
States Code, is amended to read as follows:</DELETED>
<DELETED>``CHAPTER 115--INFORMATION TECHNOLOGY ACQUISITION MANAGEMENT
PRACTICES</DELETED>
<DELETED>``Sec.
<DELETED>``11501. Pilot program on interagency collaboration.
<DELETED>``Sec. 11501. Pilot program on interagency
collaboration</DELETED>
<DELETED> ``(a) Requirement to Conduct Pilot Program.--The Director
of the Office of Management and Budget shall conduct a three-year pilot
program in accordance with the requirements of this section to test
alternative approaches for the management of commonly used information
technology by executive agencies.</DELETED>
<DELETED> ``(b) Establishment and Purposes.--For purposes of the
pilot program, 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 Electronic Government
established under section 3602 of title 44. The purpose of the
Collaboration Center is to serve as a resource for Federal agencies,
available on an optional-use basis, to assist and promote 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.</DELETED>
<DELETED> ``(c) Organization of Center.--</DELETED>
<DELETED> ``(1) Membership.--The Center shall consist of the
following members:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 1 year.</DELETED>
<DELETED> ``(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 Federal Chief Information
Officer.</DELETED>
<DELETED> ``(d) 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 Federal
Chief Information Officer:</DELETED>
<DELETED> ``(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, and use of long-term contracts, as
appropriate.</DELETED>
<DELETED> ``(2) Develop, maintain, and disseminate reliable
cost estimates.</DELETED>
<DELETED> ``(3) Lead the review of significant or troubled
IT investments or acquisitions as identified by the CIO
Council.</DELETED>
<DELETED> ``(4) Provide expert aid to troubled IT
investments or acquisitions.</DELETED>
<DELETED> ``(e) 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.</DELETED>
<DELETED> ``(f) Report to Congress.--</DELETED>
<DELETED> ``(1) In general.--The Director shall annually
submit to the relevant congressional committees a report
detailing the organization, staff, and activities of the
Collaboration Center, including--</DELETED>
<DELETED> ``(A) a list of IT infrastructure and
common applications the Center assisted;</DELETED>
<DELETED> ``(B) 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;
and</DELETED>
<DELETED> ``(C) the use and expenditure of amounts
in the Fund established under subsection (i).</DELETED>
<DELETED> ``(2) Inclusion in other report.--The report may
be included as part of the annual E-Government status report
required under section 3606 of title 44.</DELETED>
<DELETED> ``(g) Guidelines for Acquisition of IT Infrastructure and
Common Applications.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 in a
contract awarded 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.</DELETED>
<DELETED> ``(i) Authorization to Use Fund.--In any fiscal year,
notwithstanding section 321(c) of title 40, up to five percent of the
fees collected during the prior fiscal year under the multiple award
schedule contracts entered into by the Administrator of General
Services and credited to the Acquisition Services Fund under section
321 of title 40, may be used to fund the activities of the
Collaboration Center. Each fiscal year, the Director, in consultation
with the Federal Chief Information Officer, shall determine an
appropriate amount needed to operate the Collaboration Center and the
Administrator of General Services shall transfer amounts only to the
extent and in such amounts as are provided in advance in appropriation
acts from the Fund to the Director for the Center.</DELETED>
<DELETED> ``(j) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Executive agency.--The term `executive
agency' has the meaning provided that term by section 105 of
title 5.</DELETED>
<DELETED> ``(2) 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.</DELETED>
<DELETED> ``(3) Relevant congressional committees.--The term
`relevant congressional committees' means each of the
following:</DELETED>
<DELETED> ``(A) The Committee on Oversight and
Government Reform and the Committee on Armed Services
of the House of Representatives.</DELETED>
<DELETED> ``(B) The Committee on Homeland Security
and Governmental Affairs and the Committee on Armed
Services of the Senate.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``115. Information Technology Acquisition 11501''.
Management Practices.
<DELETED> (b) Deadlines.--</DELETED>
<DELETED> (1) Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Director shall issue
guidance under section 11501(e) of title 40, United States
Code, as added by subsection (a).</DELETED>
<DELETED> (2) Center.--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(b) of such title, as
so added.</DELETED>
<DELETED> (3) Guidelines.--Not later than 2 years after the
date of the enactment of this Act, the Federal Infrastructure
and Common Application Collaboration Center shall establish
guidelines in accordance with section 11501(g) of such title,
as so added.</DELETED>
<DELETED> (c) Conforming Amendment.--Section 3602(c) of title 44,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``and'' at the end of paragraph
(2);</DELETED>
<DELETED> (2) by redesignating paragraph (3) as paragraph
(4); and</DELETED>
<DELETED> (3) by inserting after paragraph (2) the following
new paragraph (3):</DELETED>
<DELETED> ``(3) all of the functions of the Federal
Infrastructure and Common Application Collaboration Center, as
required under section 11501 of title 40; and''.</DELETED>
SEC. 402. DESIGNATION OF ASSISTED ACQUISITION CENTERS OF EXCELLENCE.
<DELETED> (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:</DELETED>
``SEC. 11502. ASSISTED ACQUISITION CENTERS OF EXCELLENCE.
<DELETED> ``(a) Purpose.--The purpose of this section is to develop
specialized assisted acquisition centers of excellence within the
Federal Government to serve as a resource for Federal agencies,
available on an optional-use basis, to assist and promote--</DELETED>
<DELETED> ``(1) the effective use of best acquisition
practices;</DELETED>
<DELETED> ``(2) the development of specialized expertise in
the acquisition of information technology; and</DELETED>
<DELETED> ``(3) Governmentwide sharing of acquisition
capability to augment any shortage in the information
technology acquisition workforce.</DELETED>
<DELETED> ``(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
(d) 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'.</DELETED>
<DELETED> ``(c) Use of Existing Authority.--This section provides no
new authority to establish a franchise fund or revolving
fund.</DELETED>
<DELETED> ``(d) Functions.--The functions of each AACE are as
follows:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(2) Assisted acquisitions.--To assist all
Government agencies in the expedient, strategic, and cost-
effective 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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(e) Criteria.--In designating, redesignating, or
withdrawing the designation of an AACE, the Director shall consider, at
a minimum, the following matters:</DELETED>
<DELETED> ``(1) The subject matter expertise of the host
agency in a specific area of information technology
acquisition.</DELETED>
<DELETED> ``(2) For acquisitions of IT infrastructure and
common applications covered by the Federal Infrastructure and
Common Application Collaboration Center authorized 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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
contracts.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) Active engagement by program
officials with stakeholders.</DELETED>
<DELETED> ``(B) Possession by program staff of the
necessary knowledge and skills.</DELETED>
<DELETED> ``(C) Support of the programs by senior
department and agency executives.</DELETED>
<DELETED> ``(D) Involvement by end users and
stakeholders in the development of
requirements.</DELETED>
<DELETED> ``(E) Participation by end users in
testing of system functionality prior to formal end
user acceptance testing.</DELETED>
<DELETED> ``(F) Stability and consistency of
Government and contractor staff.</DELETED>
<DELETED> ``(G) Prioritization of requirements by
program staff.</DELETED>
<DELETED> ``(H) Maintenance of regular communication
with the prime contractor by program
officials.</DELETED>
<DELETED> ``(I) Receipt of sufficient funding by
programs.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(11) The ability of an AACE to effectively and
properly manage fees received for assisted acquisitions
pursuant to this section.</DELETED>
<DELETED> ``(f) Funds Received by AACEs.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Transition to new AACE.--If the AACE to
which the funds are provided under paragraph (1) becomes unable
to fulfill the requirements of the executive agency from which
the funds were provided, the funds may be provided to a
different AACE to fulfill such requirements. The funds so
provided shall be used for the same purpose and remain
available for the same period of time as applied when provided
to the original AACE.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Government Accountability Office Review of AACE.--
</DELETED>
<DELETED> ``(1) Review.--The Comptroller General of the
United States shall review and assess--</DELETED>
<DELETED> ``(A) 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; and</DELETED>
<DELETED> ``(B) the effectiveness of the AACEs in
achieving the purpose described in subsection (a),
including review of contracts.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(h) Definitions.--In this section:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Executive agency.--The term `executive
agency' has the meaning provided that term by section 133 of
title 41.</DELETED>
<DELETED> ``(3) Relevant congressional committees.--The term
`relevant congressional committees' has the meaning provided
that term by section 11501 of this title.</DELETED>
<DELETED> ``(i) Revision of FAR.--The Federal Acquisition Regulation
shall be amended to implement this section.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``11502. Assisted Acquisition Centers of Excellence.''.
<DELETED>Subtitle B--Strengthening IT Acquisition Workforce</DELETED>
<DELETED>SEC. 411. EXPANSION OF TRAINING AND USE OF INFORMATION
TECHNOLOGY ACQUISITION CADRES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Report to Congress.--Section 1704 of title 41, United
States Code, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(j) Strategic Plan on Information Technology Acquisition
Cadres.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Matters covered.--The plan shall address, at
a minimum, the following matters:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(F) New and innovative approaches to
workforce development and training, including cross-
functional training, rotational development, and
assignments both within and outside the
Government.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(I) Assessment of the current workforce
competency in designing and aligning performance goals,
life cycle costs, and contract incentives.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(K) Use of integrated program teams,
including fully dedicated program managers, for each
complex information technology investment.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(O) The use of student internship and
scholarship programs as a talent pool for permanent
hires and the use and impact of special hiring
authorities and flexibilities to recruit diverse
candidates.</DELETED>
<DELETED> ``(P) The assessment of hiring manager
satisfaction with the hiring process and hiring
outcomes, including satisfaction with the quality of
applicants interviewed and hires made.</DELETED>
<DELETED> ``(Q) The assessment of applicant
satisfaction with the hiring process, including the
clarity of the hiring announcement, the user-
friendliness of the application process, communication
from the hiring manager or agency regarding application
status, and timeliness of the hiring
decision.</DELETED>
<DELETED> ``(R) The assessment of new hire
satisfaction with the onboarding process, including the
orientation process, and investment in training and
development for employees during their first year of
employment.</DELETED>
<DELETED> ``(S) Any other matters the Director
considers appropriate.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Government accountability office review of
the plan and annual report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) The term `Federal agency' means each
agency listed in section 901(b) of title 31.</DELETED>
<DELETED> ``(B) The term `relevant congressional
committees' means each of the following:</DELETED>
<DELETED> ``(i) The Committee on Oversight
and Government Reform and the Committee on
Armed Services of the House of
Representatives.</DELETED>
<DELETED> ``(ii) The Committee on Homeland
Security and Governmental Affairs and the
Committee on Armed Services of the
Senate.''.</DELETED>
<DELETED>SEC. 412. PLAN ON STRENGTHENING PROGRAM AND PROJECT MANAGEMENT
PERFORMANCE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Matters Covered.--The plan required by subsection (a)
shall include, at a minimum, the following:</DELETED>
<DELETED> (1) Creation of a specialized career path for
program management.</DELETED>
<DELETED> (2) The development of a competency model for
program management consistent with the IT project manager
model.</DELETED>
<DELETED> (3) A career advancement model that requires
appropriate expertise and experience for advancement.</DELETED>
<DELETED> (4) A career advancement model that is more
competitive with the private sector and that recognizes both
Government and private sector experience.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 413. PERSONNEL AWARDS FOR EXCELLENCE IN THE ACQUISITION
OF INFORMATION SYSTEMS AND INFORMATION
TECHNOLOGY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Elements.--The program referred to in subsection (a)
shall, to the extent practicable--</DELETED>
<DELETED> (1) obtain objective outcome measures;
and</DELETED>
<DELETED> (2) include procedures for--</DELETED>
<DELETED> (A) the nomination of Federal Government
employees and teams of such employees for eligibility
for recognition under the program; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) through promotions and other nonmonetary
awards;</DELETED>
<DELETED> (3) by publicizing--</DELETED>
<DELETED> (A) acquisition accomplishments by
individual employees; and</DELETED>
<DELETED> (B) the tangible end benefits that
resulted from such accomplishments, as appropriate;
and</DELETED>
<DELETED> (4) through other awards, incentives, or bonuses
that the head of the agency considers appropriate.</DELETED>
<DELETED>TITLE V--ADDITIONAL REFORMS</DELETED>
<DELETED>SEC. 501. MAXIMIZING THE BENEFIT OF THE FEDERAL STRATEGIC
SOURCING INITIATIVE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 502. GOVERNMENTWIDE SOFTWARE PURCHASING
PROGRAM.</DELETED>
<DELETED> (a) In General.--The Administrator of General Services, in
collaboration with the Department of Defense, 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.</DELETED>
<DELETED> (b) Examination of Methods.--In developing the initiative
under subsection (a), the Administrator 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.</DELETED>
<DELETED> (c) Governmentwide User License Agreement.--The
Administrator, in developing the initiative under subsection (a), shall
allow for the purchase of a license agreement that is available for use
by all executive agencies as one user to the maximum extent practicable
and as appropriate.</DELETED>
<DELETED>SEC. 503. PROMOTING TRANSPARENCY OF BLANKET PURCHASE
AGREEMENTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 504. ADDITIONAL SOURCE SELECTION TECHNIQUE IN
SOLICITATIONS.</DELETED>
<DELETED> Section 3306(d) of title 41, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``or'' at the end of paragraph
(1);</DELETED>
<DELETED> (2) by striking the period and inserting ``; or''
at the end of paragraph (2); and</DELETED>
<DELETED> (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 505. ENHANCED TRANSPARENCY IN INFORMATION TECHNOLOGY
INVESTMENTS.</DELETED>
<DELETED> (a) Public Availability of Information About IT
Investments.--Section 11302(c) of title 40, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraph (2) as paragraph
(3); and</DELETED>
<DELETED> (2) by inserting after paragraph (1) the following
new paragraph:</DELETED>
<DELETED> ``(2) Public availability.--</DELETED>
<DELETED> ``(A) In general.--The Director shall make
available to the public the cost, schedule, and
performance data for all of the IT investments listed
in subparagraph (B), notwithstanding whether the
investments are for new IT acquisitions or for
operations and maintenance of existing IT.</DELETED>
<DELETED> ``(B) Investments listed.--The investments
listed in this subparagraph are the
following:</DELETED>
<DELETED> ``(i) At least 80 percent (by
dollar value) of all information technology
investments Governmentwide.</DELETED>
<DELETED> ``(ii) At least 60 percent (by
dollar value) of all information technology
investments in each Federal agency listed in
section 901(b) of title 31.</DELETED>
<DELETED> ``(iii) Every major information
technology investment (as defined by the Office
of Management and Budget) in each Federal
agency listed in section 901(b) of title
31.</DELETED>
<DELETED> ``(C) Quarterly review and
certification.--For each investment listed in
subparagraph (B), the agency Chief Information Officer
and the program manager of the investment within the
agency shall certify, at least once every quarter, that
the information is current, accurate, and reflects the
risks associated with each listed investment. The
Director shall conduct quarterly reviews and publicly
identify agencies with an incomplete certification or
with significant data quality issues.</DELETED>
<DELETED> ``(D) Continuous availability.--The
information required under subparagraph (A), in its
most updated form, shall be publicly available at all
times.</DELETED>
<DELETED> ``(E) Waiver or limitation authority.--The
applicability of subparagraph (A) may be waived or the
extent of the information may be limited--</DELETED>
<DELETED> ``(i) by the Director, with
respect to IT investments Governmentwide;
and</DELETED>
<DELETED> ``(ii) by the Chief Information
Officer of a Federal agency, with respect to IT
investments in that agency;</DELETED>
<DELETED>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.''.</DELETED>
<DELETED> (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).''.</DELETED>
<DELETED>SEC. 506. ENHANCED COMMUNICATION BETWEEN GOVERNMENT AND
INDUSTRY.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 507. CLARIFICATION OF CURRENT LAW WITH RESPECT TO
TECHNOLOGY NEUTRALITY IN ACQUISITION OF
SOFTWARE.</DELETED>
<DELETED> (a) Purpose.--The purpose of this section is to establish
guidance and processes to clarify that software acquisitions by the
Federal Government are to be made using merit-based requirements
development and evaluation processes that promote procurement choices--
</DELETED>
<DELETED> (1) based on performance and value, including the
long-term value proposition to the Federal
Government;</DELETED>
<DELETED> (2) free of preconceived preferences based on how
technology is developed, licensed, or distributed;
and</DELETED>
<DELETED> (3) generally including the consideration of
proprietary, open source, and mixed source software
technologies.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) 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 concerning the
technology-neutral procurement and use of software within the Federal
Government.</DELETED>
<DELETED> (d) Matters Covered.--In issuing guidance under subsection
(c), the Director shall include, at a minimum, the following:</DELETED>
<DELETED> (1) Guidance to clarify that the preference for
commercial items in section 3307 of title 41, United States
Code, includes proprietary, open source, and mixed 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.</DELETED>
<DELETED> (2) Guidance regarding the conduct of market
research to ensure the inclusion of proprietary, open source,
and mixed source software options.</DELETED>
<DELETED> (3) Guidance to define Governmentwide standards
for security, redistribution, indemnity, and copyright in the
acquisition, use, release, and collaborative development of
proprietary, open source, and mixed source software.</DELETED>
<DELETED> (4) Guidance for the adoption of available
commercial practices to acquire proprietary, open source, and
mixed source software for widespread Government use, including
issues such as security and redistribution rights.</DELETED>
<DELETED> (5) Guidance to establish standard service level
agreements for maintenance and support for proprietary, open
source, and mixed 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
software.</DELETED>
<DELETED> (6) Guidance on the role and use of the Federal
Infrastructure and Common Application Collaboration Center,
authorized under section 11501 of title 40, United States Code
(as added by section 401), for acquisition of proprietary, open
source, and mixed source software.</DELETED>
<DELETED> (e) 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--</DELETED>
<DELETED> (1) an assessment of the effectiveness of the
guidance;</DELETED>
<DELETED> (2) an identification of barriers to widespread
use by the Federal Government of specific software
technologies; and</DELETED>
<DELETED> (3) such legislative recommendations as the
Comptroller General considers appropriate to further the
purposes of this section.</DELETED>
<DELETED>SEC. 508. NO ADDITIONAL FUNDS AUTHORIZED.</DELETED>
<DELETED> Except as provided in section 11501(i) of title 40, United
States Code, as added by section 401, no additional funds are
authorized to carry out the requirements of this Act and the amendments
made by this Act. Such requirements shall be carried out using amounts
otherwise authorized or appropriated.</DELETED>
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.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
Sec. 101. CIO authority enhancements.
Sec. 102. Enhanced transparency and improved risk management in
information technology investments.
Sec. 103. Governmentwide software purchasing program.
TITLE II--PORTFOLIO REVIEW AND FEDERAL DATA CENTER CONSOLIDATION
INITIATIVE
Sec. 201. Portfolio review.
Sec. 202. Federal data center consolidation initiative.
TITLE I--MANAGEMENT OF INFORMATION TECHNOLOGY WITHIN FEDERAL GOVERNMENT
SEC. 101. CIO AUTHORITY ENHANCEMENTS.
(a) In General.--Subchapter II of chapter 113 of title 40, United
States Code, is amended by adding at the end the following:
``Sec. 11319. Resources, planning, and portfolio management
``(a) Definitions.--In this section--
``(1) the term `covered agency' means each agency listed in
section 901(b)(1) or 901(b)(2) of title 31; and
``(2) the term `information technology' has the meaning
given that term under capital planning guidance issued by the
Office of Management and Budget.
``(b) Additional Authorities for CIOs.--
``(1) Planning, programming, budgeting, and execution
authorities for cios.--
``(A) In general.--The head of each covered agency
and each agency listed in section 102 of title 5 shall
ensure that the Chief Information Officer of the agency
has a significant role in--
``(i) the decision processes for all annual
and multi-year planning, programming,
budgeting, and execution decisions, related
reporting requirements, and reports related to
information technology; and
``(ii) the management, governance and
oversight processes related to information
technology.
``(B) Budget formulation.--
``(i) In general.--The Director of the
Office of Management and Budget shall require
in the annual information technology capital
planning guidance of the Office of Management
and Budget that the Chief Information Officer
of each covered agency--
``(I) approve the information
technology budget request of the
covered agency;
``(II) as part of an approval under
subclause (I), certify that information
technology investments are adequately
implementing incremental development,
as defined in capital planning guidance
issued by the Office of Management and
Budget; and
``(III) acting in conjunction with
the Chief Human Capital Officer of the
covered agency, review all positions
with information technology
responsibilities requested in the
budget request of the covered agency to
ensure the positions meet the ongoing
requirements of the covered agency.
``(C) Review.--
``(i) In general.--A covered agency and an
agency listed in section 102 of title 5--
``(I) may not enter into a contract
or other agreement for information
technology or information technology
services, unless the contract or other
agreement has been reviewed and
approved by the Chief Information
Officer of the agency;
``(II) may not request the
reprogramming of any funds made
available for information technology
programs, unless the request has been
reviewed and approved by the Chief
Information Officer of the agency; and
``(III) may use the governance
processes of the agency to approve such
a contract or other agreement if the
Chief Information Officer of the agency
is included as a full participant in
the governance processes.
``(ii) Delegation.--
``(I) In general.--Except as
provided in subclause (II), the duties
of a Chief Information Officer under
clause (i) are not delegable.
``(II) Non-major information
technology investments.--For a contract
or agreement for a non-major
information technology investment, as
defined in the annual information
technology capital planning guidance of
the Office of Management and Budget,
the Chief Information Officer of a
covered agency or an agency listed in
section 102 of title 5 may delegate the
approval of the contract or agreement
under clause (i) to an individual who
reports directly to the Chief
Information Officer.
``(2) Personnel-related authority.--Notwithstanding any
other provision of law, for each covered agency, the Chief
Information Officer of the covered agency shall approve the
appointment of any other employee with the title of Chief
Information Officer, or who functions in the capacity of a
Chief Information Officer, for any component organization
within the covered agency.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 113 of title 40, United States Code, is amended by inserting
after the item relating to section 11318 the following:
``11319. Resources, planning, and portfolio management.''.
SEC. 102. ENHANCED TRANSPARENCY AND IMPROVED RISK MANAGEMENT IN
INFORMATION TECHNOLOGY INVESTMENTS.
(a) Public Availability of Information About Information Technology
Investments.--Section 11302(c) of title 40, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (5), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Definitions.--In this subsection--
``(A) the term `covered agency' means an agency
listed in section 901(b)(1) or 901(b)(2) of title 31;
and
``(B) the term `major information technology
investment' means an investment within a covered agency
information technology investment portfolio that is
designated by the covered agency as major, in
accordance with capital planning guidance issued by the
Director.''; and
(3) by inserting after paragraph (2), as so redesignated,
the following:
``(3) Public availability.--
``(A) In general.--The Director shall make
available to the public the cost, schedule, and
performance data for each major information technology
investment, without regard to whether the investments
are for new information technology acquisitions or for
operations and maintenance of existing information
technology.
``(B) Quarterly review and certification.--
``(i) In general.--For each major
information technology investment listed under
subparagraph (A), the Chief Information Officer
of the covered agency and the program manager
of the investment within the covered agency
shall, at least once every quarter--
``(I) certify that the information
is current, accurate, and reflects the
risks associated with each listed
investment; and
``(II) identify significant data
quality issues that affect the quality
of data made available under
subparagraph (A).
``(ii) Incomplete certifications.--The
Director shall publicly identify covered
agencies with an incomplete certification under
clause (i)(I).
``(C) Investment evaluation by agency cio.--For
each major information technology investment listed
under subparagraph (A), the Chief Information Officer
of the covered agency shall--
``(i) categorize the investment according
to level of risk;
``(ii) categorize the level of risk of the
investment at a risk rating that is not lower
than the higher of the cost rating and schedule
risk rating of the investment, as determined in
accordance with guidance issued by the
Director; and
``(iii) categorize the level of risk as not
lower than medium risk for any investment
determined by the Chief Information Officer and
program manager to not employ incremental
development, as determined in accordance with
capital planning guidance issued by the
Director.
``(D) Continuous availability.--The information
required under subparagraph (A), in its most updated
form, shall be publicly available at all times.
``(E) Waiver or limitation authority.--The
applicability of subparagraph (A) may be waived or the
extent of the information may be limited by the
Director, if the Director determines that such a waiver
or limitation is in the national security interests of
the United States.
``(4) Risk management.--For each major information
technology investment listed under paragraph (3)(A) that
receives a high risk rating, as described in paragraph (3)(C),
for 4 consecutive quarters--
``(A) the Administrator of the Office of Electronic
Government, in conjunction with the Chief Information
Officer of the covered agency and the program manager
of the investment within the covered agency, shall
conduct a review of the investment that shall
identify--
``(i) the root causes of the high level of
risk of the investment;
``(ii) the extent to which these causes can
be addressed; and
``(iii) the probability of future success;
``(B) the Administrator of the Office of Electronic
Government shall communicate the results of the review
under subparagraph (A) to--
``(i) the Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate;
``(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Representatives;
and
``(iii) upon a request by any committee of
Congress, to that committee; and
``(C) if, on the date that is 1 year after the date
of completion of the review required under subparagraph
(A), the investment is rated as high risk under
paragraph (3)(C), the Director shall deny any request
for additional development, modernization, or
enhancement funding for the investment until the date
on which the Chief Information Officer of the covered
agency certifies that--
``(i) the root causes of the high level of
risk of the investment have been addressed; and
``(ii) there is sufficient capability to
deliver the remaining planned increments within
the planned cost and schedule.''.
(b) Additional Report Requirements.--Paragraph (5) 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 covered agency trends reflected in the performance risk
information required in paragraph (3).''.
(c) Sunset.--Effective on the date that is 5 years after the date
of enactment of this Act, section 11302(c) of title 40, United States
Code, is amended--
(1) by striking paragraphs (1), (3), and (4);
(2) by redesignating paragraphs (2) and (5) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (2), as so redesignated, by striking the
last sentence.
SEC. 103. GOVERNMENTWIDE SOFTWARE PURCHASING PROGRAM.
(a) In General.--The Administrator of General Services, in
collaboration with the Secretary of Defense, 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.
(b) Governmentwide User License Agreement.--The Administrator, in
developing the initiative under subsection (a), shall allow for the
purchase of a license agreement that is available for use by all
Executive agencies (as defined in section 105 of title 5, United States
Code) as one user to the maximum extent practicable and as appropriate.
TITLE II--PORTFOLIO REVIEW AND FEDERAL DATA CENTER CONSOLIDATION
INITIATIVE
SEC. 201. PORTFOLIO REVIEW.
(a) In General.--Section 11319 of title 40, United States Code, as
added by section 101, is amended by adding at the end the following:
``(c) Information Technology Portfolio, Program, and Resource
Reviews.--
``(1) Process.--The Director of the Office of Management
and Budget shall implement a process to assist covered agencies
in reviewing their portfolio of information technology
investments to identify or develop--
``(A) ways to increase the efficiency and
effectiveness of the information technology investments
of the covered agency;
``(B) opportunities to consolidate the acquisition
and management of information technology services, and
increase the use of shared-service delivery models;
``(C) potential duplication and waste, including
unnecessary or duplicative software licenses;
``(D) potential cost savings, including cost
savings and cost avoidance opportunities related to
software licenses of the covered agency;
``(E) plans for actions to optimize the information
technology portfolio, programs, and resources of the
covered agency;
``(F) ways to better align the information
technology portfolio, programs, and financial resources
of the covered agency to the multi-year funding
profiles and strategic plans, when such plans are
required by Congress;
``(G) a multi-year strategy to identify and reduce
duplication and waste within the information technology
portfolio of the covered agency, including component-
level investments, and projected cost savings and
avoidances resulting therefrom; and
``(H) any other goals that the Director may
establish.
``(2) Metrics and performance indicators.--The Director of
the Office of Management and Budget shall develop standardized
cost savings and cost avoidance metrics and performance
indicators, which shall be used by agencies for the purposes of
paragraph (1).
``(3) Annual review.--In accordance with the process
implemented under paragraph (1), the Chief Information Officer
of each covered agency, in conjunction with the Chief Operating
Officer or Deputy Secretary (or equivalent) of the covered
agency and Administrator of the Office of Electronic
Government, shall conduct an annual review of the information
technology portfolio of the covered agency.
``(4) Quarterly reports.--
``(A) In general.--The Administrator of the Office
of Electronic Government shall submit a quarterly
report on the cost savings and reductions in
duplicative information technology investments
identified through the review required by paragraph (3)
to--
``(i) the Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate;
``(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Representatives;
and
``(iii) upon a request by any committee of
Congress, to that committee.
``(B) Inclusion in other reports.--The reports
required under subparagraph (A) may be included as part
of another report submitted to the committees of
Congress described in clauses (i), (ii), and (iii) of
subparagraph (A).''.
(b) Sunset.--Effective on the date that is 5 years after the date
of enactment of this Act, section 11319 of title 40, United States
Code, is amended by striking subsection (c).
SEC. 202. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator for the Office of E-Government and Information
Technology within the Office of Management and Budget.
(2) Covered agency.--The term ``covered agency'' means the
following (including all associated components of the agency):
(A) Department of Agriculture;
(B) Department of Commerce;
(C) Department of Defense;
(D) Department of Education;
(E) Department of Energy;
(F) Department of Health and Human Services;
(G) Department of Homeland Security;
(H) Department of Housing and Urban Development;
(I) Department of the Interior;
(J) Department of Justice;
(K) Department of Labor;
(L) Department of State;
(M) Department of Transportation;
(N) Department of Treasury;
(O) Department of Veterans Affairs;
(P) Environmental Protection Agency;
(Q) General Services Administration;
(R) National Aeronautics and Space Administration;
(S) National Science Foundation;
(T) Nuclear Regulatory Commission;
(U) Office of Personnel Management;
(V) Small Business Administration;
(W) Social Security Administration; and
(X) United States Agency for International
Development.
(3) FDCCI.--The term ``FDCCI'' means the Federal Data
Center Consolidation Initiative described in the Office of
Management and Budget Memorandum on the Federal Data Center
Consolidation Initiative, dated February 26, 2010, or any
successor thereto.
(4) Government-wide data center consolidation and
optimization metrics.--The term ``Government-wide data center
consolidation and optimization metrics'' means the metrics
established by the Administrator under subsection (b)(2)(G).
(b) Federal Data Center Consolidation Inventories and Strategies.--
(1) In general.--
(A) Annual reporting.--Each year, beginning in the
first fiscal year after the date of enactment of this
Act and each fiscal year thereafter, the head of each
covered agency, assisted by the Chief Information
Officer of the agency, shall submit to the
Administrator--
(i) a comprehensive inventory of the data
centers owned, operated, or maintained by or on
behalf of the agency; and
(ii) a multi-year strategy to achieve the
consolidation and optimization of the data
centers inventoried under clause (i), that
includes--
(I) performance metrics--
(aa) that are consistent
with the Government-wide data
center consolidation and
optimization metrics; and
(bb) by which the
quantitative and qualitative
progress of the agency toward
the goals of the FDCCI can be
measured;
(II) a timeline for agency
activities to be completed under the
FDCCI, with an emphasis on benchmarks
the agency can achieve by specific
dates;
(III) year-by-year calculations of
investment and cost savings for the
period beginning on the date of
enactment of this Act and ending on the
date described in subsection (e),
broken down by each year, including a
description of any initial costs for
data center consolidation and
optimization and life cycle cost
savings and other improvements, with an
emphasis on--
(aa) meeting the
Government-wide data center
consolidation and optimization
metrics; and
(bb) demonstrating the
amount of agency-specific cost
savings each fiscal year
achieved through the FDCCI; and
(IV) any additional information
required by the Administrator.
(B) Use of other reporting structures.--The
Administrator may require a covered agency to include
the information required to be submitted under this
subsection through reporting structures determined by
the Administrator to be appropriate.
(C) Statement.--Each year, beginning in the first
fiscal year after the date of enactment of this Act and
each fiscal year thereafter, the head of each covered
agency, acting through the Chief Information Officer of
the agency, shall--
(i)(I) submit a statement to the
Administrator stating whether the agency has
complied with the requirements of this section;
and
(II) make the statement submitted under
subclause (I) publically available; and
(ii) if the agency has not complied with
the requirements of this section, submit a
statement to the Administrator explaining the
reasons for not complying with such
requirements.
(D) Agency implementation of strategies.--Each
covered agency, under the direction of the Chief
Information Officer of the agency, shall--
(i) implement the strategy required under
subparagraph (A)(ii); and
(ii) provide updates to the Administrator,
on a quarterly basis, of --
(I) the completion of activities by
the agency under the FDCCI;
(II) any progress of the agency
towards meeting the Government-wide
data center consolidation and
optimization metrics; and
(III) the actual cost savings and
other improvements realized through the
implementation of the strategy of the
agency.
(E) Rule of construction.--Nothing in this section
shall be construed to limit the reporting of
information by a covered agency to the Administrator,
the Director of the Office of Management and Budget, or
Congress.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
covered agencies to submit information under this
section;
(B) establish a list of requirements that the
covered agencies must meet to be considered in
compliance with paragraph (1);
(C) ensure that information relating to agency
progress towards meeting the Government-wide data
center consolidation and optimization metrics is made
available in a timely manner to the general public;
(D) review the inventories and strategies submitted
under paragraph (1) to determine whether they are
comprehensive and complete;
(E) monitor the implementation of the data center
strategy of each covered agency that is required under
paragraph (1)(A)(ii);
(F) update, on an annual basis, the cumulative cost
savings realized through the implementation of the
FDCCI; and
(G) establish metrics applicable to the
consolidation and optimization of data centers
Government-wide, including metrics with respect to--
(i) costs;
(ii) efficiencies, including at least
server efficiency; and
(iii) any other metrics the Administrator
establishes under this subparagraph.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
develop, and make publically available, a goal, broken
down by year, for the amount of planned cost savings
and optimization improvements achieved through the
FDCCI during the period beginning on the date of
enactment of this Act and ending on the date described
in subsection (e).
(B) Annual update.--
(i) In general.--Not later than 1 year
after the date on which the goal described in
subparagraph (A) is made publically available,
and each year thereafter, the Administrator
shall aggregate the reported cost savings of
each covered agency and optimization
improvements achieved to date through the FDCCI
and compare the savings to the projected cost
savings and optimization improvements developed
under subparagraph (A).
(ii) Update for congress.--The goal
required to be developed under subparagraph (A)
shall be submitted to Congress and shall be
accompanied by a statement describing--
(I) whether each covered agency has
in fact submitted a comprehensive asset
inventory, including an assessment
broken down by agency, which shall
include the specific numbers,
utilization, and efficiency level of
data centers; and
(II) whether each covered agency
has submitted a comprehensive
consolidation strategy with the key
elements described in paragraph
(1)(A)(ii).
(4) GAO review.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and each year
thereafter, the Comptroller General of the United
States shall review and verify the quality and
completeness of the asset inventory and strategy of
each covered agency required under paragraph (1)(A).
(B) Report.--The Comptroller General of the United
States shall, on an annual basis, publish a report on
each review conducted under subparagraph (A).
(c) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--
(1) In general.--In implementing a data center
consolidation and optimization strategy under this section, a
covered agency shall do so in a manner that is consistent with
Federal guidelines on cloud computing security, including--
(A) applicable provisions found within the Federal
Risk and Authorization Management Program (FedRAMP);
and
(B) guidance published by the National Institute of
Standards and Technology.
(2) Rule of construction.--Nothing in this section shall be
construed to limit the ability of the Director of the Office of
Management and Budget to update or modify the Federal
guidelines on cloud computing security.
(d) Waiver of Disclosure Requirements.--The Director of National
Intelligence may waive the applicability to any element (or component
of an element) of the intelligence community of any provision of this
section if the Director of National Intelligence determines that such
waiver is in the interest of national security. Not later than 30 days
after making a waiver under this subsection, the Director of National
Intelligence shall submit to the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence of the
Senate and the Committee on Oversight and Government Reform and the
Permanent Select Committee on Intelligence of the House of
Representatives a statement describing the waiver and the reasons for
the waiver.
(e) Sunset.--This section is repealed effective on October 1, 2018.
Amend the title so as to read: ``An Act to amend title 40,
United States Code, to eliminate duplication and waste in
information technology acquisition and management.''.
Calendar No. 577
113th CONGRESS
2d Session
H. R. 1232
[Report No. 113-262]
_______________________________________________________________________
AN ACT
To amend titles 40, 41, and 44, United States Code, to eliminate
duplication and waste in information technology acquisition and
management.
_______________________________________________________________________
September 18, 2014
Reported with an amendment and an amendment to the title