Text: H.R.1232 — 113th Congress (2013-2014)All Information (Except Text)

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Reported to Senate (09/18/2014)

 
[Congressional Bills 113th Congress]
[From the U.S. Government Printing 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